North Carolina Press Ass'n v. Spangler

Court of Appeals of North Carolina

North Carolina Press Ass'n v. Spangler

360 S.E.2d 138, 87 N.C. App. 169, 1987 N.C. App. LEXIS 3070

CourtCourt of Appeals of North Carolina

DecidedSeptember 15, 1987

DocketNo. 8710SC105

StatusPublished

Cited by3 cases

This text of 360 S.E.2d 138 (North Carolina Press Ass'n v. Spangler) 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

North Carolina Press Ass'n v. Spangler, 360 S.E.2d 138, 87 N.C. App. 169, 1987 N.C. App. LEXIS 3070 (N.C. Ct. App. 1987).

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Opinion

JOHNSON, Judge.

We are met at the threshold with a problem of mootness. At issue was whether the chancellors’ reports were public records under G.S. sec. 132-1 subject to disclosure. Appellants excepted to the trial court’s finding that the records were made and received pursuant to law in connection with the transaction of public business by the University, a government agency, and that such records are therefore public and subject to disclosure. However, on 14 November 1986, appellants publicly disclosed the chancellors’ reports that are the subject of this appeal. Thus, the issue before this Court was rendered moot by appellant publicly disclosing the chancellors’ reports.

The doctrine of mootness applies:

[wjhenever, during the course of litigation it develops that the relief sought has been granted or that the questions originally in controversy between the parties are no longer at issue, the case should be dismissed, for courts will not entertain or proceed with a cause merely to determine abstract propositions of law.

Unlike the question of jurisdiction, the issue of mootness is not determined solely by examining facts in existence at the [171]*171commencement of the action. If the issues before a court or administrative body become moot at any time during the course of the proceedings, the usual response should be to dismiss the action.

In re Peoples, 296 N.C. 109, 147-48, 250 S.E. 2d 890, 912 (1978), cert. denied, 442 U.S. 929, 99 S.Ct. 2859, 61 L.Ed. 2d 297 (1979) (citations omitted).

Applying the doctrine of mootness to the case sub judice we find that the question originally in controversy is no longer at issue. Thus, appellants’ appeal is moot and this appeal is

Dismissed.

Judges Arnold and Parker concur.

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JOHNSON, Judge.

We are met at the threshold with a problem of mootness. At issue was whether the chancellors’ reports were public records under G.S. sec. 132-1 subject to disclosure. Appellants excepted to the trial court’s finding that the records were made and received pursuant to law in connection with the transaction of public business by the University, a government agency, and that such records are therefore public and subject to disclosure. However, on 14 November 1986, appellants publicly disclosed the chancellors’ reports that are the subject of this appeal. Thus, the issue before this Court was rendered moot by appellant publicly disclosing the chancellors’ reports.

The doctrine of mootness applies:

[wjhenever, during the course of litigation it develops that the relief sought has been granted or that the questions originally in controversy between the parties are no longer at issue, the case should be dismissed, for courts will not entertain or proceed with a cause merely to determine abstract propositions of law.

Unlike the question of jurisdiction, the issue of mootness is not determined solely by examining facts in existence at the [171]*171commencement of the action. If the issues before a court or administrative body become moot at any time during the course of the proceedings, the usual response should be to dismiss the action.

In re Peoples, 296 N.C. 109, 147-48, 250 S.E. 2d 890, 912 (1978), cert. denied, 442 U.S. 929, 99 S.Ct. 2859, 61 L.Ed. 2d 297 (1979) (citations omitted).

Applying the doctrine of mootness to the case sub judice we find that the question originally in controversy is no longer at issue. Thus, appellants’ appeal is moot and this appeal is

Dismissed.

Judges Arnold and Parker concur.

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360 S.E.2d 138, 87 N.C. App. 169, 1987 N.C. App. LEXIS 3070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-carolina-press-assn-v-spangler-ncctapp-1987.

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