Appeals Court rejects constitutional challenge to town charter school law | Beaufort County Now | The N.C. Court of Appeals delivered a blow Tuesday to a lawsuit against a 2018 state law allowing some towns to sponsor charter schools. The Appeals Court vacated a trial judge’s order that would have allowed the lawsuit to move forward.

Coronavirus Disease 2019 (COVID-19)
    Publisher's Note: This post appears here courtesy of the Carolina Journal. The author of this post is CJ Staff.

    The N.C. Court of Appeals delivered a blow Tuesday to a lawsuit against a 2018 state law allowing some towns to sponsor charter schools. The Appeals Court vacated a trial judge's order that would have allowed the lawsuit to move forward.

    The appellate judges' unanimous decision means the law, S.L. 2018-3, originally known as House Bill 514, stands.

    "After careful review, we conclude Plaintiffs have not alleged in their complaint they sustained a direct injury, or that they are in immediate danger of sustaining a direct injury, resulting from the enactment of H.B. 514," wrote Judge Jeff Carpenter for the court. "Therefore, we hold Plaintiffs failed to carry their burden to make sufficient allegations to establish standing to bring constitutional claims against Defendants."

    The law allowed four Mecklenburg County towns - Cornelius, Huntersville, Matthews, and Mint Hill - to seek state approval to run municipal charter schools. It was the first legislation allowing local governments to run charter schools. Previous charter school law had allowed only "nonprofit corporate applicants" to seek school charters.

    None of the towns has applied for a charter.

    Plaintiffs led by the NAACP's state conference and Charlotte-Mecklenburg branch filed suit against the law in 2020. They called the law unconstitutional. Among the specific complaints: H.B. 514 prompted leaders of the Charlotte-Mecklenburg Schools to scale back a diversity-based student assignment plan.

    In March 2021, Wake County Judge Vince Rozier denied legislative defendants' attempts to have the case dismissed. Rozier ordered the suit transferred to a three-judge panel to address the plaintiffs' constitutional challenge.

    Now the Appeals Court has thrown Rozier's order out.

    "Plaintiffs argue they alleged in their complaint 'that the threats to pass and the subsequent adoption of H.B. 514 caused the CMS Board to substantially scale back the scope of its student reassignment plans, thereby undermining its transparent efforts to address the established negative effect of racial segregation and concentrated poverty on educational outcomes,'" Carpenter wrote. "This allegation tends to demonstrate an indirect injury to Plaintiffs because any harm they sustained was not directly caused by the enactment of H.B. 514; rather, the alleged injury would have been the result of CMS's response to the passing of the Act."

    "Additionally, our review of the record reveals no Town has submitted an application to create a municipal charter school; thus, we conclude there can be no direct injury or immediate threat of injury," Carpenter added.

    "Here, Plaintiffs have not presented allegations they have been directly injured or will be directly injured by enforcement of the Act, nor have they included allegations tending to show one of the Towns has applied to establish a municipal charter school," Carpenter wrote. "Therefore, they have not sufficiently shown 'concrete adverseness' to establish standing."

    With no legal standing to bring a lawsuit, the plaintiffs cannot challenge the law. Rozier was "without jurisdiction" to enter an order favoring the plaintiffs, Carpenter concluded.

    Since the Appeals Court opinion was unanimous, the state Supreme Court faces no obligation to take the case.
Go Back


Latest Op-Ed & Politics

At least two people are dead and more than 40 have been injured in a powerful tornado that ripped through northern Michigan Friday night.
A Democratic state representative from Raleigh proposes a statewide ban on transporting dogs in open vehicle beds and cargo areas.
Updating the press on the baby formula shortage that's affecting millions of American families, Press Secretary Karine Jean-Pierre (black, gay, immigrant) stated that all blame for the shortage rested squarely on the curly locks of the giant baby from Honey, I Blew Up The Kid.
Powerful U.S. artillery pieces have started to arrive in Ukraine that offer the country’s military the opportunity to outgun Russia’s military as the new equipment can outreach the capability of Russia’s military by several miles.
As the baby formula crisis continues to grow, more families have opted for an alternative formula source and have started taking whey protein instead. The babies will still get everything they need for healthy development, as well as 50grams of protein per bottle.
A biography of George Floyd will be published on May 17, 2022, and appears to whitewash his life story to highlight his constant “search of a better life” and his “relentless struggle to survive as a Black man in America.”
The first day of class the law professor strode into the room. The first thing he did was ask for the name of a student sitting in the front row.
Republican primary voters picked Trey Allen, Donna Stroud, and Michael Stading to represent the party on the November ballot in three key appellate court races


American voters are increasingly disenchanted with the men and women who have been elected to govern their interests both domestically and abroad.
The House Committee on Ethics said in a statement on Monday that it has opened multiple investigations into outgoing Rep. Madison Cawthorn (R-NC).
RALEIGH: Today, Governor Roy Cooper released a video on critical gun safety reforms to protect our communities.
The U.S. Army, apparently interested in furthering its recent journey into wokeness, is considering a policy called a “compassionate reassignment” permitting soldiers to request a transfer to a different area if they feel state or local laws discriminate against them because of their gender.
The White House press pool grew frustrated today as new Press Secretary Karine Jean-Pierre responded to every question they asked with "I'm a gay, black immigrant."
Barstool Sports founder David Portnoy says he was suspended from Twitter for 12 hours earlier this week after posting an email response from Business Insider editor-in-chief Nicholas Carlson.
The man accused of attacking comedian Dave Chappelle earlier this month during a live performance at the Hollywood Bowl claims that he was “triggered” by Chappelle’s jokes.
In what many are calling a long-overdue act of democracy, justice, and equity, Sports Illustrated has honored Stacey Abrams as this year’s Swimsuit Edition cover model.
A new children’s book series launching next week will focus on “Heroes of Liberty,” such as Ronald Reagan, Thomas Sowell, and Amy Coney Barrett.


Back to Top