State v. Fayetteville Street Christian School

On 20 February 1980 we allowed defendants’ petition for rehearing pursuant to App. Rule 31 to the extent of permitting both sides to file briefs on the questions: (1) whether the trial court’s order granting plaintiffs’ motion for a preliminary injunction was immediately appealable and (2) whether defendants’ compliance with the injunction moots the issues raised by defendants’ alleged constitutional defenses. We did not order that further arguments be held. We withheld certification of the opinion and reinstated our writ of supersedeas pending further consideration of the cause.

Having…