Florida State filed its anticipated motion to dismiss the lawsuit filed by the Atlantic Coast Conference against the school in Mecklenburg County Superior Court. It was discovered shortly after the Florida State Board of Trustees filed to take legal action against the ACC in December that the conference had filed its own lawsuit against the school the day before.
The motion cites five reasons why the ACC’s lawsuit should be dismissed
- The ACC prematurely filed suit before an actual or justiciable controversy arose.
- The ACC didn’t follow its on bylaws to provide member notice or to obtain the two-thirds vote required by its Constitution to initiate the lawsuit vs. FSU
- FSU has not waived sovereign immunity and can’t be sued in a North Carolina court
- The Florida State Board of Trustees never approved the ACC Grant of Right agreement as required by Florida law
- North Carolina law doesn’t allow for the ACC to impose broad, extra fiduciary duties on its members
The motion goes on to ask that if the lawsuit isn’t outright dismissed to have it stayed until FSU’s own lawsuit vs the ACC in Florida is done.
The full motion is included below.