CABARRUS COUNTY BOARD OF EDUCATION v. BOARD OF TRUSTEES TEACHERS AND STATE EMPLOYEES RETIREMENT SYSTEM (2020)

Supreme Court of North Carolina.

CABARRUS COUNTY BOARD OF EDUCATION v. BOARD OF TRUSTEES TEACHERS’ AND STATE EMPLOYEES’ RETIREMENT SYSTEM; Dale R. Folwell, State Treasurer, in his official capacity; Steven C. Toole, Director, Retirement Systems Division, in his official capacity

No. 371PA18

Decided: April 03, 2020

Michael Crowell; and Tharrington Smith, LLP, Raleigh, by Deborah R. Stagner and Lindsay V. Smith, for petitioner-appellee. Joshua H. Stein, Attorney General, by Matthew W. Sawchak, Solicitor General, Blake W. Thomas, Deputy General Counsel, and Ryan Y. Park, Deputy Solicitor General, for respondent-appellants. Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Greensboro, by Elizabeth L. Troutman and Jill R. Wilson; and Allison Brown Schafer, for North Carolina School Boards Association, amicus curiae.

For the reasons stated in Cabarrus Cty. Bd. of Educ. v. Dep’t of State Treasurer, No. 369PA18, ––– N.C ––––, ––– S.E.2d ––––, 2020 WL 1652563 (N.C. Apr. 3, 2020), the decision of the Court of Appeals is affirmed.

AFFIRMED.

PER CURIAM.

Justice NEWBY dissents for the reasons stated in his dissenting opinion in Cabarrus Cty. Bd. of Educ. v. Dep’t of State Treasurer, No. 369PA18 (N.C. Apr. 3, 2020).

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