The opinion
IN THE SUPREME COURT OF NORTH CAROLINA
No. 371PA18
Filed 3 April 2020
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
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous,
unpublished decision of the Court of Appeals, No. COA17-1019, 2018 WL 4441260
(N.C. Ct. App. Sept. 18, 2018), affirming a judgment entered on 30 May 2017 by
Judge James E. Hardin Jr., in Superior Court, Wake County. Heard in the Supreme
Court on 9 December 2019.
Michael Crowell; and Tharrington Smith, LLP, 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., by Elizabeth L.
Troutman and Jill R. Wilson; and Allison Brown Schafer for North Carolina
School Boards Association, amicus curiae.
PER CURIAM.
For the reasons stated in Cabarrus Cty. Bd. of Educ. v. Dep’t of State Treasurer,
No. 369PA18 (N.C. Apr. 3, 2020), the decision of the Court of Appeals is affirmed.
CABARRUS CTY. BD. OF EDUC. V. BD. OF TRS. TEACHERS’ AND STATE EMPS.’ RET. SYS.
Opinion of the Court
AFFIRMED.
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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