Neither the city of Roanoke Rapids nor Halifax County has standing in a civil complaint over 911 center funding, the North Carolina Court of Appeals ruled this week.

It is a lawsuit that first came to the Court of Appeals in June of 2023 after a superior court judge in January of 2022 ruled that the city must continue its support of the 911 Center.

The court’s conclusion was that because neither party had standing, the superior court lacked subject matter jurisdiction to issue a declaration of rights and obligations.

The Court of Appeals affirmed the trial court’s order denying the city’s motion for summary judgment and also reversed the superior court's order granting summary judgment to the county on its counterclaim, the ruling says, leaving the question of funding responsibility unresolved.

The Court of Appeals determined that the city failed to identify a specific statute that confers a cognizable right to free 911 center services or creates a private cause of action for the city to enforce it. “The city relied on information and belief and the mere anticipation of an invoice for services as its injury," which the court found insufficient to establish an actual, justiciable controversy at the time the suit was filed.

Conversely, the court ruled the county lacked standing because it failed to identify a statute that confers a legally enforceable right to reimbursement for 911 center costs. It also said the county’s request for a declaration that it lacks authority to fund the city’s public safety agencies was deemed hypothetical — “an attempt to get an advisory opinion on a course of action the county had not taken.”

What the next course in the matter will be currently remains unclear as City Attorney Geoffrey Davis and County Attorney Glynn Rollins declined to immediately respond to a series of questions emailed to them Thursday.

They both did say they will discuss the matter with their respective governing bodies in closed session next week. Halifax County commissioners meet Monday morning at 9:30 and the city council meets Tuesday at 4 p.m.

At issue in the case was which entity was financially responsible for the operation of the Halifax County 911 center, which provides emergency call-taking and dispatch services across the county, including the city of Roanoke Rapids.

The city argued that changes in North Carolina state law, particularly a 2010 amendment, required the county to provide dispatching services to the city's public safety agencies at no charge, regardless of any interlocal funding agreement.

The county conceded its statutory duty to provide the services but argued that it lacks the legal authority — statutory or constitutional — to absorb the city's share of costs not covered by North Carolina 911 Board funds. The county sought a declaration that the city, like all municipalities, must contribute to these costs.

The Court of Appeals, in reaching its conclusion, cited a North Carolina Supreme Court case that involved the United Daughters of the Confederacy in its complaint.

The North Carolina Supreme Court case of United Daughters of the Confederacy v. City of Winston-Salem addressed the issue of standing for the plaintiff to challenge the removal of a Confederate monument.

The case revolved around the removal of a Confederate monument from the grounds of the former Forsyth County Courthouse in downtown Winston-Salem.

In that case, the court held that neither party had established standing to seek declaratory relief. To have standing under the Uniform Declaratory Judgments Act, a party must show a legal or factual injury caused by the defendant’s actions and the existence of an actual, justiciable controversy where litigation is unavoidable. A mere disagreement or anticipation of a controversy is insufficient.