By orders entered 18 October 1994, Judge Peter M. McHugh denied plaintiffs' motion for summary judgment and granted summary judgment to defendants. Plaintiffs assign error to the court's summary judgment ruling. They assert that the Schools' notice procedures and admissions policy violate their rights under our federal and state constitutions. Plaintiffs also contend that N.C.G.S. section 115C-366.1 does not permit schools to charge tuition to students who reside in the school district. They further assert that N.C.G.S. section 115C-366 should be construed to permit minors to rebut the presumption that their domicile is that of their parents, legal guardian, or legal custodian.
Defendants contend that plaintiffs' claims are moot.
The exclusion of moot questions in North Carolina state courts is a principle of judicial restraint. Whenever, during the course of litigation it develops that the relief sought has been granted or that the questions originally in controversy between the parties are no longer at issue, the case should be dismissed, for courts will not entertain or proceed with a cause merely to determine abstract propositions of law. Her mother moved from Massachusetts to Guilford County after this suit was filed. Because of her mother's move, Romique now is entitled to attend Guilford County Schools without paying tuition. Because he is no longer a minor, Blaine Trivett's claims are also moot.