“In this cause the plaintiffs seek a declaratory judgment asking this court to declare that the maintenance by the defendant of three separate school districts in Halifax County is an obstruction and denial of the right of the students of Halifax County to receive a sound basic education in violation of the Constitution of the State of North Carolina,” Duke wrote. “A dismissal … is appropriate when the complaint on its face reveals that no law supports the plaintiffs' claim. Having reviewed the pleadings, the motions of the defendant, the memoranda of law and arguments of counsel for the defendant and counsel for the plaintiffs, the court determines and finds that the complaint of the plaintiffs fails to state a claim upon which relief can be granted by this court and the … action ought to be and the same is hereby dismissed with prejudice.”
The judge wrote in the two-page order the plaintiffs in the case presented no claim the financial support allocated to the three existing school boards of Halifax County is constitutionally inadequate. “The plaintiffs instead maintain that because of the existence of three separate school boards in Halifax County the financial support allocated by the defendant to the boards is allocated ineffectively and inefficiently. The plaintiffs ask this court to declare that the very design incorporating the three district system and the defendant's maintenance of the same renders the defendant unable to provide a sound basic education to the county's students and thereby violates the Constitution of the State of North Carolina.”
Duke said in the order the plaintiffs cited no provision of the Constitution of the State of North Carolina that is a clear foundation for, nor offer any compelling authority supportive of the proposition that it is the constitutional responsibility of the defendant to implement and maintain a public education system for Halifax County.
Duke dismissed the action with prejudice, which means it can not be re-entered in the lower courts and instead must be appealed.
County Attorney Glynn Rollins had no comment. County Commissioner Marcelle Smith, who was on the grounds of the courthouse this afternoon, also declined comment.
“I think it's great and it purely shows the judicial process listens to the facts,” said Rives Manning, vice chair of the board of commissioners. “I'm very pleased he came across with the decision.”
Board Chair Vernon Bryant said, “On behalf of the Halifax County Board of Commissioners, we are very pleased with Judge Duke's decision.”
David Harvey, president of the Halifax County Chapter of the NAACP, one of the plaintiffs in the lawsuit, along with several parents and guardians and the Coalition for Education and Economic Security said this afternoon, “We were certainly disappointed but it's not unexpected and we will be conferring with our attorneys about the possibility of appeal.”
