Cryan v. Nat'l Council of YMCA
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The Supreme Court held that the court of appeals did not abuse its discretion by issuing a writ of certiorari in this case and that the issuance of the writ of certiorari was the only issue for which the dissent set out any reasoning, thus declining to address any remaining issues contained in Plaintiffs' brief.
Plaintiffs brought a tort suit against the Young Men's Christian Association of Northwest North Carolina (the YMCA), admitting that their sexual abuse claims would be barred by the statutes of limitations in effect before enactment of the SAFE Child Act, 2109 N.C. Sess. Laws 1231, but asserting that the Act revived their claims. The YMCA moved to dismiss the claims, arguing that the Act's revival of the statute of limitations violated the state Constitution. The trial court concluded that YMCA's claim was a facially challenge to the Act and transferred the issue to a panel of the court of appeals. After the YMCA appealed, Plaintiffs moved to dismiss the appeal as impermissibly interlocutory. The court of appeals issued a divided opinion, the majority vacating the transfer order and the dissent challenging the issuance of a writ of certiorari. Plaintiffs appealed based on the dissent. The Supreme Court affirmed, holding (1) the court of appeals correctly issued the writ of certiorari; and (2) this Court declines to address the second issue raised in Plaintiffs' brief.
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