Legal Opinion · Concurring in part, dissenting in part

Goldston v. State

Court of Appeals of North Carolina

Decided September 15, 2009No. COA08-754Published

1Concurring in part, dissenting in partMcGEE, Judge

I

I respectfully dissent from Section IV of the majority opinion. I believe the Governor acted within the Governor’s constitutional authority in allocating monies from the Trust Fund to be used for General Fund expenditures in order to avoid a budget deficit. I concur in the result for the remainder of the majority opinion. I would fully affirm the ruling of the trial court.

Questions of constitutional construction are in the main governed by the same general principles which control in ascertaining the meaning of all written instruments, and “the fundamental principle of constitutional…

2Cases cited16 opinions

  1. In Re the Appeal From the Civil PenaltySupreme Court of North Carolina · 1989
  2. State Ex Rel. Martin v. PrestonSupreme Court of North Carolina · 1989
  3. State v. ElamSupreme Court of North Carolina · 1981
  4. State v. . EmerySupreme Court of North Carolina · 1944
  5. State v. EmerySupreme Court of North Carolina · 1944

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API