May 2010 at NCICL


May 31st, 2010
by Cynthia Crowdus & Kristin Mar

May 2010

The North Carolina Institute for Constitutional Law is a nonpartisan organization that educates, informs and advises the public and elected officials on the rights of citizens under the constitutions of the United States and the State of North Carolina. NCICL also supports litigation by its lawyers on constitutional issues when appropriate. In keeping with its mission, NCICL is sending this newsletter to keep you abreast of our current endeavors, litigation, and research.

 

Litigation Updates

Hope - A Woman's Cancer Center & Raleigh Orthopaedic Clinic v. State of North Carolina, et al.
 
The Certificate of Need suit challenges the practically unlimited discretion of the State Health Coordinating Council (SHCC) in deciding who gets to offer new institutional health care services.  The SHCC produces the State Medical Facilities Plan (SMFP), which determines whether and where many new medical services will be offered. 

On May 4th, Judge Martin with Judges Stephens and Ervin concurring affirmed the trial court's March 26, 2009, decision which granted defendants' motion for judgment on the pleadings and determined that the SMFP, CON process, and CON law do not violate any of the plaintiffs' constitutional rights.

Currently, the plaintiffs' attorneys are working with plaintiffs to make determinations regarding an appeal.

Sugar Creek Charter School, et al. 
v. State of North Carolina, et al.
 

This case was brought by North Carolina public charter schools and parents and students affiliated with those schools who challenged the constitutionality of the State’s inequitable funding system for public charter schools. On May 24th, Judge Bridges granted the defendants' Motion to Dismiss. Discussions between plaintiffs and counsel about whether there will be an appeal to the NC Court of Appeals are currently underway. 


Read the Order

Read More About the Case
 

Saine, et al., v. State, et al. (Johnson and Wales)  

This lawsuit challenges the constitutionality of the State of North Carolina’s appropriations to Johnson and Wales University and seeks to stop any future payments and to have the millions already given to Johnson and Wales returned to the State treasury. 

Attorneys Robert F. Orr and Jeanette Doran filed a Notice of Appeal at the end of March and currently working toward settling the Record on Appeal. 

To read more about the case, click here.

  
May Articles about NCICL
NCICL Updates
Summer Interns: 
NCICL welcomes two summer interns this year, Ronald Traud and Brenna Davenport.

Ronald is currently a rising 3L at the University of North Carolina's School of Law, and Brenna is a 2L at Campbell's Norman Adrian Wiggins School of Law. Both will be working with staff of ICL through the end of July.

We are so pleased to have them on board to assist with current research.