#### TERRY W. BANKS, individually and as guardian ad litem of TERECIA L. BANKS; DEBORAH P. BOWMAN, individually and as guardian ad litem of K. DAWN BOWMAN; SUSAN G. CAMERON, individually and as guardian ad litem of CARRIE D. CAMERON; MICHAEL W. MOORE, individually and as guardian ad litem of MATTHEW W. MOORE; PAUL J. PLESS, JR., individually and as guardian ad litem of JOSEPH H. PLESS; BENNIE LEE TATE, individually and as guardian ad litem of CHARMIE A. TATE; and THE BUNCOMBE COUNTY BOARD OF EDUCATION, a body corporate, Plaintiffs v. THE COUNTY OF BUNCOMBE, a body politic and corporate of the state of North Carolina; and THE BOARD OF COMMISSIONERS FOR THE COUNTY OF BUNCOMBE, governing board of the County of Buncombe, Defendants and ASHEVILLE CITY BOARD OF EDUCATION, a body corporate, Intervenor Defendant.

No. 39A98

(Filed 9 July 1998)

Appeal by plaintiffs pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 128 N.C. App. 214, 494 S.E.2d 791 (1998), finding no error in a trial that resulted in a judgment for defendants and intervenor-defendant entered by Bogle, J., on 3 September 1996 in Superior Court, Buncombe County. Heard in the Supreme Court 29 May 1998.

Roberts & Stevens, RA., by Walter L. Currie and Cynthia S. Lopez, for plaintiff-appellants.

County Attorney’s Office, by Joseph A. Connolly, Buncombe County Attorney, for defendant-appellees; and Schwartz & Shaw, P.L.L.C., by Brian C. Shaw and Ann S. Estridge, for intervenor-defendant-appellee.

PER CURIAM.

AFFIRMED.