Malloy v. Cooper

PARKER, Justice.

On 3 March 1999 plaintiff instituted this action for declaratory judgment against defendants Roy Cooper 1 , Attorney General for the State of North Carolina; David R. Waters, District Attorney for the Ninth Prosecutorial District; David S. Smith, Sheriff of Granville County; and the State of North Carolina. The issue before this Court is whether the Court of Appeals erred in holding that the trial court lacked jurisdiction and should have dismissed plaintiff’s declaratory judgment action under North Carolina Rule of Civil Procedure 12(b)(1). The uncontroverted facts are as…