Dieckhaus v. Bd. of Governors of the Univ. of N.C.
This text of Dieckhaus v. Bd. of Governors of the Univ. of N.C. (Dieckhaus v. Bd. of Governors of the Univ. of N.C.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF NORTH CAROLINA
No. 105PA23
Filed 13 December 2024
DEENA DIECKHAUS, GINA MCALLISTER, BRADY WAYNE ALLEN, JACORIA STANLEY, NICHOLAS SPOONEY, and VIVIAN HOOD, each individually and on behalf of all others similarly situated
v.
BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision
of the Court of Appeals, 287 N.C. App. 396 (2023), affirming the trial court’s dismissal
of plaintiffs’ claims on 17 June 2021 by Judge Edwin G. Wilson Jr. in Superior Court,
Orange County. Heard in the Supreme Court on 22 October 2024.
Eric M. Poulin for plaintiff-appellants.
Dowling PLLC, by Craig D. Schauer and Troy D. Shelton; Joshua H. Stein, Attorney General, by Laura McHenry, Special Deputy Attorney General, and Lindsay Vance Smith, Deputy Solicitor General; and Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, by Jim W. Phillips Jr., Jennifer K. Van Zant, and Katarina Wong, for defendant-appellee.
Ellis & Winters LLP, by Steven A. Scoggan, Kyle A. Medin, and Tyler C. Jameson, for North Carolina Chamber Legal Institute, amicus curiae.
PER CURIAM.
Justice BARRINGER did not participate in the consideration or decision of this
case. The remaining members of the Court are equally divided, with three members
voting to affirm and three members voting to reverse the decision of the Court of DIECKHAUS V. BD. OF GOVERNORS OF THE UNIV. OF N.C.
Opinion of the Court
Appeals. Accordingly, the decision of the Court of Appeals is left undisturbed and
stands without precedential value. See, e.g., Batson v. Coastal Res. Comm’n, 385 N.C.
328, 892 S.E.2d 589 (2023) (per curiam) (affirming by an equally divided vote a Court
of Appeals decision leaving it as law of the case without further precedential value).
AFFIRMED.
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