Clemson appeals to North Carolina Supreme Court after judge's unfavorable ruling in suit vs ACC
CLEMSON — Clemson University filed a notice of appeal regarding its lawsuit with the ACC to the North Carolina Supreme Court on Thursday morning.
This filing came after North Carolina judge Louis A. Bledsoe III denied the school's motion to stay and rejected, in part, its motion to dismiss the Atlantic Coast Conference's countersuit Wednesday. He made his ruling after a hearing between both parties on July 2 at the Mecklenburg County Courthouse in Charlotte.
Clemson wrote in the appeal that the action will trigger an "automatic stay" — a stay is a ruling by a court to stop or suspend a proceeding or trial temporarily or indefinitely. This means the ACC's suit in North Carolina won't proceed, until the appeal regarding the university's motion to dismiss on sovereign immunity and personal jurisdiction grounds has been resolved despite Wednesday's ruling.
Florida State also appealed to North Carolina's supreme court in April when parts of its motion to dismiss the conference's case in North Carolina was denied.
Clemson argued it has not waived its sovereign immunity except within the boundaries of the South Carolina, but Bledsoe rejected Clemson's motion to dismiss on "sovereign immunity" grounds. He wrote Clemson "waived" sovereign immunity by engaging in commercial activities, rather than governmental activities, in North Carolina.
Clemson and the ACC will have a hearing Friday at the Pickens County Courthouse in South Carolina. Judge Perry H. Gravely will rule on the university's motion for summary judgement and the conference's motion to dismiss.
MORE: Will Clemson get ruling on its grant of rights deal with ACC without trial? Here's what we know
The legal battle started March 19 after the university filed its initial complaint against the conference in Pickens County over the conference's grant of rights deal and its penalties for withdrawal from the league. The decision was seen as a potential initial legal step to depart the conference to join the SEC or Big Ten. The ACC responded a day later with its countersuit in Mecklenburg County, North Carolina.
Derrian Carter covers Clemson athletics for The Greenville News and the USA TODAY Network. Email him at dcarter@gannett.com and follow him on X, formerly known as Twitter, @DerrianCarter00
This article originally appeared on Greenville News: Clemson-ACC lawsuit: School to appeal to North Carolina supreme court
