And refuses to even mention the two Bergers are father and son:

Judge John Tyson, writing the majority opinion released Tuesday, agreed that “the statute clearly mandates these are public funds, they belong to the taxpayers of this State, and are required” to be put into the state treasury.

Judge Phil Berger Jr. agreed with Tyson. Judge Wanda Bryant wrote a dissenting opinion, saying how the 2019 law affects the Smithfield funds is a matter for a trial court to determine. The state Supreme Court would be obligated to hear the case again if requested because it was a split decision.

Paul Stam, an attorney representing the school board, praised Tuesday's decision, which he said could affect up to $12 million in payments from Smithfield. The 25-year agreement originally penned by then-Attorney General Mike Easley, Smithfield and several of its subsidiaries, will end in the mid-2020s.

Not even a footnote.