Fries v. Rowan County Board of Education
Fries v. Rowan County Board of Education
Opinion of the Court
In the instant case, a citizen’s group seeks to challenge the action of the Rowan County School Board assigning pupils to the various schools of the North Rowan School District of Rowan County. General Statutes 115-176 to 115-179 establish a method of assignment of pupil school students and a method of challenge of that assignment. A “person aggrieved” by an order of a school board is given the right to appeal from an order of the board, within 10 days of the date of the order, to the Superior Court for a hearing de novo. G.S. 115-179.
There does not appear in the record any reason why this procedure was not followed in this case. When such an “integrated and adequate” procedure is established by the Legislature, it is meant to be followed. See King v. Baldwin, 276 N.C. 316, 172 S.E. 2d 12 (1970).
The present action shows on its face that the plaintiffs have not complied with the procedure established by the Legislature for an action by “any person aggrieved by the final order of the [board].”
The action was properly dismissed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.