Hofmann Forest – Motion to Dismiss Granted

ORDER GRANTING MOTION TO DISMISS

FREDERICK W. CUBBAGE, RONALD W. SUTHERLAND,. PhD, RICHARD “BARNY” BERNARD, JR., JAMES GREGORY, and JOHN EDDY, Plaintiffs,
v.

THE BOARD OF TRUSTEES OF THE ENDOWMENT FUND OF NORTH CAROLINA STATE UNIVERSITY AT RALEIGH and NC STATE NATURAL RESOURCES FOUNDATION, INC., Defendants.

IN THE GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION, WAKE COUNTY, Filed 2013 NOV 22,  2:27PM, 13 CVS 12884

This matter came on for hearing during the 12 November 2013 civil session of Wake County Superior Court. Plaintiffs later submitted a Supplemental Response to Motions to Dismiss, to which Defendants objected. Also in response to Plaintiffs’ supplemental submission, defendant NC State Natural Resources Foundation moved for sanctions pursuant to Rule 11 of the North Carolina Rules of Civil Procedure. Plaintiff filed a written response to the Objection and Motion.
The role of this Court is not to decide whether the sale of Hofmann Forest is wise  or ill-advised. Rather, this Court must decide whether the North Carolina law on which Plaintiffs rely would entitle them to relief assuming that their allegations are true. In this case, it would not.
The North Carolina Environmental Policy Act (“SEPA”), N.C. Gen. Stat. §§113A-1, et seq., does not apply to Defendants’ sale of Hofmann Forest. Nor does Article XIV, Section 5 of the North Carolina Constitution apply to prevent a sale of HofmannForest. The Court therefore concludes that Defendants’ Motion to Dismiss pursuant to Rule 12(b)(6) should be, and therefore is, GRANTED.
The Court, having concluded that Plaintiffs have failed to state a claim on which relief can be granted, does not reach Defendants’ Motion to Dismiss pursuant to Rule 12(b)(1).
Defendant NC State Natural Resources Foundation’s Rule 11 Motion is DENIED. Each party is to bear its own costs.
SO ORDERED.
This the 22d day of November, 2013.
Shannon R. Joseph
Order granting motion to dismiss (N0005775@xC1D49) (1)-1s

 

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