Legal Opinion · Dissent

Hughey v. Cloninger

Supreme Court of North Carolina

Decided April 20, 1979No. 4Published

1DissentJustice Exum

As the majority notes at the outset, there are two issues in this case: (1) whether the appropriation of funds by the Gaston County Commissioners to the Dyslexia School of North Carolina is in violation of the North Carolina Constitution, and (2) whether it is authorized by statute. The majority correctly concludes that this appropriation is consistent with Article V(2)(7) of the North Carolina Constitution. The problem, then, is whether there is statutory authorization for it.

On this point, I disagree with the majority. G.S. 153A-248(a) (2) does provide authority for this appropriation. That…

2Cases cited3 opinions

  1. State Ex Rel. Utilities Commission v. EdmistenSupreme Court of North Carolina · 1977
  2. Puckett v. SellarsSupreme Court of North Carolina · 1952
  3. State v. . LovelaceSupreme Court of North Carolina · 1947

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