(DOWNLOAD) "Cauble v. City of Asheville" by Court of Appeals of North Carolina No. 8328SC253 ~ Book PDF Kindle ePub Free
eBook details
- Title: Cauble v. City of Asheville
- Author : Court of Appeals of North Carolina No. 8328SC253
- Release Date : January 21, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The central issue on this appeal involves the meaning of the term ""clear proceeds."" The threshold question in this case, whether funds collected from overtime parking violations constitute penalties or fines within the meaning of Article IX, Section 7 of the North Carolina Constitution, the clear proceeds of which shall belong to the county for maintaining free public schools, has already been decided. In Cauble I, as affirmed by Cauble II, the Court of Appeals and subsequently the Supreme Court held that such monies collected are indeed fines resulting from ""a breach of the penal laws of the State,"" the clear proceeds of which are to be paid to the Buncombe County finance officer for disbursement to the appropriate administrative units. As to the current appeal, insofar as the judgment of the trial court defined ""clear proceeds"" as the amounts collected by defendant for overtime parking violations undiminished by direct and indirect costs or expenses of collection, it was in error. What will follow is a discussion of the meaning of clear proceeds and the standard by which such proceeds are to be measured on remand.