# Fries v. Rowan County Board of Education

> Court of Appeals of North Carolina · February 25, 1970 · 7 N.C. App. 341

URL: https://www.frixlaw.com/law-library/cases/6729495

## Case

- **Full name:** GEORGE PRESTON FRIES ROBERT M. WILLIAMS MILTON H. PRIDGEN JAMES M. CROWELL, JR. MARVIN RONE, JR. HERMAN L. EAGLE DOY E. BAXTER R. BERT STARNES, Individually, and for and on Behalf of the SAVE OUR SCHOOLS COMMITTEE and all Other Persons who may Wish to Join v. THE ROWAN COUNTY BOARD OF EDUCATION, a Corporation LANE C. DRYE H. LAMAR TREXLER JAMES A. SLOAN E. LINWOOD FOIL W. C. ROGERS and JESSE C. CARSON, JR., Individually
- **Court:** Court of Appeals of North Carolina
- **Decided:** February 25, 1970
- **Citations:** 7 N.C. App. 341; 172 S.E.2d 75; 1970 N.C. App. LEXIS 1683
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Campbell
- **Judges:** Campbell, Hedrick, Parker
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6729495

## Opinion text

Campbell, J.
In the instant case, a citizen’s group seeks to challenge the action of the Rowan County School Board assigning pupils to the various schools of the North Rowan School District of Rowan County. General Statutes 115-176 to 115-179 establish a method of assignment of pupil school students and a method of challenge of that assignment. A “person aggrieved” by an order of a school board is given the right to appeal from an order of the board, within 10 days of the date of the order, to the Superior Court for a hearing de novo. G.S. 115-179.
There does not appear in the record any reason why this procedure was not followed in this case. When such an “integrated and adequate” procedure is established by the Legislature, it is meant to be followed. See King v. Baldwin, 276 N.C. 316 , 172 S.E. 2d 12 (1970).
*345 Prior to the institution of this action, no appeal having been taken from the final order of the School Board as provided by G.S,. 115-179, the School Board proceeded with the changes necessary to implement its final order. This plan has now been in effect since the opening of school 27 August 1969, and most of the present school year has passed. To permit this type of action contrary to the procedure established by the Legislature would result in complete chaos and confusion for the school system. Compare with In Re Varner, 266 N.C. 409 , 146 S.E. 2d 401 (1965).
The present action shows on its face that the plaintiffs have not complied with the procedure established by the Legislature for an action by “any person aggrieved by the final order of the [board].”
The action was properly dismissed.
Affirmed.
PARKER and Hedrick, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6729495. Public record. Not legal advice.