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Cooke v. Faulkner5/2/2000
Appeal by plaintiff from judgment entered 11 December 1998 by Judge L. Todd Burke in Superior Court, Forsyth County. Heard in the Court of Appeals 15 February 2000.
Michael Gray Cooke ("plaintiff") appeals the dismissal of his complaint pursuant to Rules 12(b)(1) and 12(b)(6) for lack of subject matter jurisdiction and failure to state a claim upon which relief could be granted.
Plaintiff was convicted of Driving While Impaired on 6 January 1988, 15 April 1988, and 6 July 1992. As a result of operating a moped on 25 August 1993 while impaired, plaintiff was convicted of Habitual Impaired Driving and his license was permanently revoked pursuant to North Carolina General Statutes section 20-138.5. Plaintiff filed suit against Janice Faulkner in her capacity as Commissioner of the North Carolina Division of Motor Vehicles ("defendant") seeking reinstatement of his license or a hearing to consider reinstatement of his license. Defendant filed an answer and motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6).
Following a hearing on defendant's motion, the trial court made the following findings of fact:
1. [Plaintiff] was convicted of habitual impaired driving pursuant to N.C. Gen. Stat. § 20-138.5.
2. As required by N.C. Gen. Stat. § 20-138.5(d), [defendant] permanently revoked [plaintiff's] license after receiving notice of [plaintiff's] habitual impaired driving conviction.
Based on its findings of fact, the trial court made the following conclusions of law:
1. The revocation of [plaintiff's] license, in accordance with N.C. Gen. Stat. § 20-138.5, was mandatory.
2. Unlike other statutes in Chapter 20 which specifically provide for the restoration of an individual's license after a permanent revocation, (i.e. N.C. Gen. Stat. § 20-19), N.C. Gen. Stat. § 20-138.5 does not provide for the restoration of an individual's license who has been found guilty of habitual impaired driving.
3. Therefore, the court lacks subject matter jurisdiction on the above captioned action. [Plaintiff] has no right for judicial review of the mandatory revocation.
4. Because there is no statutory authority for the restoration of a driver's license after a permanent revocation under N.C. Gen. Stat. § 138.5, [plaintiff] has failed to state a claim upon which relief may be granted.
Based on its conclusions of law, the trial court entered an order granting defendant's motion to dismiss for lack of subject matter jurisdiction and failure to state a claim upon which relief could be granted.
The dispositive issue on appeal is whether the trial court lacked subject matter jurisdiction to hear plaintiff's claim. Plaintiff contends that the trial court was vested with subject matter jurisdiction over the action in that North Carolina General Statutes section 20-25 provides: Any person denied a license or whose license has been canceled, suspended or revoked by the Division, except where such cancellation is mandatory under the provisions of this Article, shall have a right to file a petition within 30 days thereafter for a hearing in the matter in the superior court . . . or to the resident judge of the district . . . and such court or judge is hereby vested with jurisdiction and it shall be its or his duty to set the matter for hearing upon 30 days' written notice to the Division, and thereupon to take testimony and examine into the facts of the case, and to determine whether the petitioner is entitled to a license or is subject to suspension, cancellation or revocation of license under the provisions of this Article. N.C. Gen. Stat. § 20-25 (1999).
We cannot agree.<
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