Supreme Court of North Carolina

Hoke Cnty. Bd. of Educ. v. State

April 2, 2026

Summary

The court held that the trial court lacked subject matter jurisdiction to enter the 17 April 2023 order because the litigation had shifted from the as-applied claims pleaded in 1994 to an unpleaded statewide facial challenge. Because the new claim was not properly pleaded or presented to the tribunal designated to hear it, all decisions entered after 24 July 2017 were void ab initio. The court vacated the challenged order and dismissed the matter with prejudice.