Supreme Court lets stand Appeals Court ruling in Goldston v. State

The North Carolina Supreme Court today let stand the 2009 ruling of the N.C. Court of Appeals in the Goldston v. State case.

In a terse decision (PDF), the court said:

Justice TIMMONS-GOODSON took no part in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the decision of the Court of Appeals. Accordingly, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See, e.g., Formyduval v. Britt, 361 N.C. 215, 639 S.E.2d 443 (2007); Pitts v. Am. Sec. Ins. Co., 356 N.C. 292, 569 S.E.2d
647 (2002).

AFFIRMED.

The Appeals Court had ruled in September 2009 that governors cannot raid the Highway Trust Fund to balance the state budget. This leaves that ruling in place.

More later at carolinajournal.com.