News

Appeals Court Limits Jurors’ Ability To Set School Funding

RALEIGH — In an April decision, the N.C. Court of Appeals overturned a jury ruling that Union County public schools had not been provided enough money by the county commission, saying that the judge had offered jurors an incorrect interpretation of the landmark Leandro decision that governs state and local school funding policies. The appeals court said state law limits the amount that school systems are entitled to receive from a trial award.

Michael Lowrey
News

Absence of Voters Leads Experts To Call For Runoff Alternatives

RALEIGH — Election officials and academics called on the General Assembly to scrap the state’s expensive, no-show runoff elections. Second primaries are held when no candidate in the first primary reaches a 40 percent plurality threshold and the second-place finisher requests it.

Dan Way
News

Guide to the 13-Candidate N.C. Court of Appeals Race

RALEIGH — Although the race officially is nonpartisan, Carolina Journal has compiled available information on the candidates, including party affiliation, endorsements, current employment, website addresses, and responses to questionnaires by independent groups.

David N. Bass

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News

Court Hears School-Conversion Arguments

RALEIGH — One day after the Wake County Board of Education met to discuss a school reassignment proposal that would require more students to change schools for the 2008-2009 school year, the N.C. Court of Appeals heard arguments in a lawsuit that seeks to prevent the county from forcing families to convert to year-round schools.

David N. Bass
News

Ruling Puts Red-Light Cameras in Peril

RALEIGH — A new N.C. Court of Appeals ruling likely will temporarily unplug most of the state’s red-light cameras. The decision requires that most of the money generated by the cameras go to local school systems, making the cameras a financial drain on localities under their existing state operating authority.

Michael Lowrey
News

Court Clarifies Municipal ISP Rules

RALEIGH — North Carolina’s second highest court has clarified under what circumstances a city or town can engage in activities that private businesses ordinarily provide. The ruling comes in a case about the legality of the fiber-optic network Laurinburg was using to provide Internet access to itself and outside governmental and institutional users. The Court of Appeals held that because the wording of state law defining what constitutes a cable television system was ambiguous, the town could operate the network, even if it didn’t offer cable TV.

Michael Lowrey
News

When Cities Take On Businesses

RALEIGH — North Carolina’s second highest court last week clarified under what circumstances a city or town can engage in activities that private business ordinarily provide. The ruling comes in a case about the legality of the fiber-optic network Laurinburg was using to provide Internet access to itself and outside governmental and institutional users. The North Carolina Court of Appeals held that because the wording of state law defining what constitutes a cable television system was ambiguous, the town could operate the network, even if it didn’t offer cable TV.

Michael Lowrey
News

Process for Challenging Taxes Clarified

RALEIGH — Taxpayers have a right to a remedy for any erroneous and unlawful tax collection. The legal requirement in challenging a tax collection, however, must be precisely followed. In a Nov. 16 decision, the N.C. Court of Appeals clarified how corporations may go about challenging taxes. The state has two tax review panels. The first is the regular Tax Review Board. Its three members hear appeals of decisions of the secretary of revenue. The second is the Augmented Tax Review Board — the three panelists of the first plus the secretary of revenue — which considers petitions from corporate taxpayers for use of alternate allocation formulas in determining tax bases for income taxes.

Michael Lowrey