The N.C. Court of Appeals ruled Tuesday that then-Gov. Mike Easley acted unconstitutionally in 2002 when he seized $80 million from the Highway Trust Fund to balance the budget.
The court's decision could restrict what steps governors can take during financial crises.
The majority of the three judge panel, Judge Robert N. Hunter Jr. and Judge Barbara Jackson, ruled that the state constitution does not give the governor authority to take money appropriated for one purpose -- road building, in this case -- and use it for another.
Judge Linda McGee dissented, saying the majority's decision removes the governor's ability to act quickly in a crisis.
UPDATE: Gov. Beverly Perdue plans to appeal the decision to the N.C. Supreme Court, according to spokeswoman Chrissy Pearson.
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Re: Court: leave highway $ alone
So what is the PENALTY for Sleazely in this event?
WHERE is the NC ACORN investigation story?