State ex rel. McCrory v. Berger

Supreme Court of North Carolina January 28, 2016

State ex rel. McCrory v. Berger, 368 N.C. 678 (N.C. 2016)

794 S.E.2d 797; 2016 N.C. LEXIS 404

Ervin

Opinion of the Court

ORDER

Plaintiffs’ petition for writ of certiorari is allowed for the limited purpose of reversing the superior court’s dismissal of plaintiffs’ quo war-ranto claim, and remanding to the superior court for consideration of that claim on the merits.

By order of the Court in Conference, this 28th day of January, 2016.

s/Ervin. J.

For the Court

WITNESS my hand and the seal of the Supreme Court of North Carolina, this the 28th day of January, 2016.

CHRISTIE S. CAMERON ROEDER Clerk of the Supreme Court

s/M.C. Hacknev Assistant Clerk

Reference

Full Case Name: STATE OF NORTH CAROLINA, upon the relation of PATRICK L. McCRORY, individually and in his official capacity as Governor of the State of North Carolina JAMES B. HUNT, JR. and JAMES G. MARTIN v. PHILIP E. BERGER, in his official capacity as President Pro Tempore of the North Carolina Senate TIMOTHY K. MOORE, in his official capacity as Speaker of the North Carolina House of Representatives and, in their official capacities as members of the Coal Ash Management Commission, HARRELL JAMISON AUTEN III, TIM L. BENNETT, D. ALLEN HAYES, SCOTT FLANAGAN, RAJARAM JANARDHANAM, and LISA D. RIEGEL
Status: Published