fundamental rights are those explicitly or implicitly guaranteed by the federal or state constitutions
How later courts described this case
- fundamental rights are those explicitly or implicitly guaranteed by the federal or state constitutions
- “A fundamental right is a right explicitly or implicitly guaranteed to individuals by the United States Constitution or a state constitution.”
- “An appeal which presents a moot question should be dismissed.”
Written by the judges who cited it.
The opinion
Judge John
concurring in the result only with separate opinion.
The majority properly points out that
Mr. Comer is not directly challenging the election or its results; rather, the main thrust of his argument is that the election statutes were unconstitutional.
*543 The majority further acknowledges that the statutes challenged by Mr. Comer
have since been amended and therefore the alleged violation of the North Carolina Constitution has ceased. Moreover, the Statutes have been rewritten to disallow superior court candidates from running for other offices during the same election, so this fact scenario will not be repeated.
Our Supreme Court has stated,
[w]henever 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 an action merely to determine abstract propositions of law. ... If the issues before the court become moot at any time during the course of the proceedings, the usual response is to dismiss the action.
Simeon v. Hardin, 339 N.C. 358, 370 , 451 S.E.2d 858, 866 (1994) (citations omitted). This is true even if, as here, the action is brought as a declaratory judgment action. Pearson v. Martin, 319 N.C. 449 , 451, 355 S.E.2d 496, 498 (1997).
In the case sub judice, the “questions originally in controversy between the parties are no longer at issue [and] the case should be dismissed.” Simeon, 339 N.C. at 370 , 451 S.E.2d at 866 . However, the majority having elected to address Mr. Comer’s appeal, I concur in the result reached in the majority opinion.