Citizens Addressing Reassignment & Education, Inc. v. Wake County Board of Education

641 S.E.2d 824, 182 N.C. App. 241, 2007 N.C. App. LEXIS 593
CourtCourt of Appeals of North Carolina
DecidedMarch 20, 2007
DocketCOA06-105
StatusPublished
Cited by16 cases

This text of 641 S.E.2d 824 (Citizens Addressing Reassignment & Education, Inc. v. Wake County Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Citizens Addressing Reassignment & Education, Inc. v. Wake County Board of Education, 641 S.E.2d 824, 182 N.C. App. 241, 2007 N.C. App. LEXIS 593 (N.C. Ct. App. 2007).

Opinions

GEER, Judge.

Plaintiffs Citizens Addressing Reassignment and Education, Inc., Jade John Litcher, and Elizabeth Lee Haner filed suit to block defendant, the Wake County Board of Education (“the Board”), from building a modular school on property leased from the National Alumni Association of Dubois High School (“the Association”). Plaintiffs appeal from an order of the superior court granting the Board’s motion to dismiss plaintiffs’ claims on the grounds of mootness and laches. Since the school has already been opened, we agree with the trial court that most of plaintiffs’ claims are moot. As to those claims that are not moot, plaintiffs have failed to state a claim for relief, and, therefore, we affirm.

Facts

The facts of this case are essentially undisputed. In an effort to alleviate school overcrowding, the Wake County Board of Commissioners, in November 2004, approved the opening of three modular elementary school facilities. These schools, scheduled to begin operating in August 2005, were to serve as temporary locations until the construction of permanent schools could be completed in 2006 and 2007. For one of the modular facilities — intended to hold approximately 500 students- — the Board leased a parcel of Wake County real property (“the Dubois site”) in March 2005 from the Association. The remaining two modular facilities were to be placed on land owned by the Board.

On 31 May 2005, plaintiffs sued the Board, alleging that the lease agreement and the Board’s construction of the modular school on the leased Dubois site violated N.C. Gen. Stat. § 115C-521(d) (2005), which provides that “[l]ocal boards of education shall make no contract for the erection of any school building unless the site upon which it is located is owned in fee simple by the board[.]” Plaintiffs sought a declaratory judgment that the lease agreement was void; a permanent injunction and a writ of mandamus prohibiting the expenditure of any additional public funds for the construction of the modular facility on the leased premises; and an order requiring the Board [244]*244to repay to the Wake County Board of Commissioners all public funds spent on lease payments and the modular facility’s construction, as well as any payments that were otherwise made in violation of N.C. Gen. Stat. § 115C-521(d).

The Board filed a motion to dismiss plaintiffs’ claims on 7 July 2005. Following a 29 July 2005 hearing, the trial court dismissed plaintiffs’ claims, concluding that they were both moot and barred by the doctrine of laches. With respect to mootness, the court found that, at the time of the hearing, “the modular school facility . . . was substantially complete. Staff will report to the school building on or about August 15, 2005, and students will report on August 25, 2005.” Based on this finding, the court concluded that “[i]n view of the relief requested by plaintiffs and the substantial completion of the school facility . . ., the case before the [c]ourt is moot.” Further, based on findings of fact relating to when plaintiffs first became aware of the likely use of the Dubois site, the timing of their efforts to block the construction of the school, and the expense incurred by the Board, the court “in its discretion,... determined that the principle of laches should be invoked because of the delay in bringing this suit and the substantial harm to the Board of Education, and especially to those students who are to attend the school at the Dubois site, that would result if an injunction were granted.” Plaintiffs have timely appealed to this Court from the order granting the Board’s motion to dismiss.

Discussion

Plaintiffs included 24 assignments of error in their record on appeal and, in those assignments of error, specifically challenged both the trial court’s conclusion that their claims were moot as well as the court’s determination that the doctrine of laches also barred their claims. In plaintiffs’ brief, however, their entire argument with respect to mootness was limited to the following single paragraph:

The [c]ourt below erred in alternatively holding that the case is moot. [Citation to the trial court’s order]. As demonstrated in the preceding six (6) [arguments, [plaintiffs] are entitled to the issuance of a declaratory judgment, permanent injunction and writ of mandamus regarding [the Board’s] violation of the clear and plain language of N.C. Gen. Stat. § 115C-521(d).

Nowhere, however, in plaintiffs’ “preceding six” arguments do they address mootness or cite to any authority pertaining to that principle. Moreover, plaintiffs have not submitted to this Court any mem[245]*245orandum of additional authority, as permitted by N.C.R. App. P. 28(g), with respect to mootness.

In short, plaintiffs have submitted no authority in support of their contention that the trial court erred in concluding that their claims were moot. “Assignments of error not set out in the appellant’s brief, or in support of which no reason or argument is stated or authority cited, will be taken as abandoned.” N.C.R. App. P. 28(b)(6) (emphasis added). Plaintiffs have, therefore, abandoned their assignment of error to the trial court’s dismissal of their claims based on mootness. See Goodson v. P.H. Glatfelter Co., 171 N.C. App. 596, 606, 615 S.E.2d 350, 358 (“It is not the duty of this Court to supplement an appellant’s brief with legal authority or arguments not contained therein. This assignment of error is deemed abandoned . . . .”), disc. review denied, 360 N.C. 63, 623 S.E.2d 582 (2005). Nevertheless, pursuant to our discretion under N.C.R. App. P. 2 (permitting suspension of appellate rules to “expedite decision^] in the public interest”), we elect to suspend the appellate rules and reach the merits of plaintiffs’ mootness contentions as brought out in oral argument.

With respect to plaintiffs’ efforts to obtain a permanent injunction and writ of mandamus prohibiting any additional expenditures for the modular school’s construction, “ ‘[i]t is quite obvious that a court cannot restrain the doing of that which has already been consummated.’ ” Fulton v. City of Morganton, 260 N.C. 345, 347, 132 S.E.2d 687, 688 (1963) (quoting Austin v. Dare County, 240 N.C. 662, 663, 83 S.E.2d 702, 703 (1954)). Although plaintiffs assigned error to the trial court’s finding that as of “July 29, 2005, . . . the modular school facility . . . was substantially complete” and that “students will report on August 25, 2005,” they have neither brought this assignment of error forward in their brief nor made any argument suggesting why it was not supported by competent evidence. This finding is, therefore, binding on appeal. See In re P.M., 169 N.C. App. 423, 424, 610 S.E.2d 403, 404 (2005) (factual assignments of error binding on appeal when appellant “failed to specifically argue in her brief that they were unsupported by evidence”). Consequently, as a permanent injunction and writ of mandamus would only' attempt to stop that which has already been done, plaintiffs’ claims for relief on these issues are moot. See Roberts v. Madison County Realtors Ass’n, 344 N.C. 394, 402, 474 S.E.2d 783

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Citizens Addressing Reassignment & Education, Inc. v. Wake County Board of Education
641 S.E.2d 824 (Court of Appeals of North Carolina, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
641 S.E.2d 824, 182 N.C. App. 241, 2007 N.C. App. LEXIS 593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-addressing-reassignment-education-inc-v-wake-county-board-of-ncctapp-2007.