“a well-established tenet of statutory construction [is] that the intent of the General Assembly controls,” and “[i]n ascertaining this intent, we ‘assume that the Legislature comprehended the import of the words it employed’ ”
How later courts described this case
- “a well-established tenet of statutory construction [is] that the intent of the General Assembly controls,” and “[i]n ascertaining this intent, we ‘assume that the Legislature comprehended the import of the words it employed’ ”
Written by the judges who cited it.
The opinion
Judge Timmons-Goodson
dissenting in part.
I cannot agree with the majority’s conclusion that the Sons of the Confederate Veterans (SCV) meet the criteria for a civic organization set forth by the General Assembly in section 20-79.4(b)(5) of the North Carolina General Statutes. For this reason, I would reverse the order of the trial court directing the North Carolina Division of Motor Vehicles (DMV) to issue special registration plates to SCV.
As the majority notes, section 20-79.4(b)(5) of the General Statutes does not specifically define the term “civic club.” Therefore, *783 the examples listed in section 20-79.4(b)(5) — the Jaycees, Kiwanis, Optimist, Rotary, Ruritan, and Shrine — are the best indicia of the General Assembly’s intended recipients of the special registration plates. See Friends of Hatteras Island v. Costal Resources Comm., 117 N.C. App. 556 , 452 S.E.2d 337 (1995) (recognizing that examples set out in statute are significant in ascertaining legislature’s intent). As DMV points out, the organizations enumerated in the statute share one “primary purpose,” which is “to serve their communities by supporting a generally unrestricted range of charitable causes or offering charitable services to all persons.” In light of the common characteristic held by the examples provided in section 20-279.4(b)(5), I am of the opinion that to be eligible for the special registration plates, the organization’s chief undertaking must be to promote the common good and general welfare of the public at large. Notably, I find support for this position in SCV’s brief, wherein it asks this Court to recognize the definition of “civic club” given in Webster’s New International Dictionary. Quoting from Webster’s, SCV defines “civic club” as “an association of persons for the promotion of the ‘general welfare and betterment of life for the citizenry of a community or enhancement of its facilities; especially] devoted to improving health, education, safety, recreation, and morale of the general public through nonpolitical means.’ ” Under this definition, I am convinced that the SCV does not qualify as a civic organization.
The SCV’s constitution reveals that the club’s purpose is primarily historical and that the projects and causes it supports are limited to those which promote the Confederate heritage. Although promoting historical education has a civic component and while SCV involves itself in many laudable activities, its primary focus is advancing issues of peculiar interest to its members, not the general public. In this way, SCV is significantly at odds with the nationally recognized civic organizations enumerated in section 20-79.4(b)(5) of our General Statutes. Accordingly, I would hold that SCV is not a civic organization within the meaning of the statute and, thus, would vote to reverse the order of the trial court. However, I concur fully with the majority’s holding reversing the award of attorneys fees to SCV.