June 2010 at NCICL


Jul 1st, 2010
by Cynthia Crowdus & Elizabeth Lincicome

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. 

Last month, the judges involved in the case affirmed the trial court's decision and determined that the SMFP, CON process, and CON law did not violate any of the plaintiffs' constitutional rights.


Most recently, on June 8th, co-counsel at Nelson Mullins, along with Robert F. Orr  and Jason Kay, filed a Notice of Appeal and Petition for Discretionary Review with the NC Supreme Court.

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. On June 21st, attorneys Robert Orr and Jason Kay filed a Notice of Appeal to the NC Court of Appeals.

Read More About the Case
Read the Notice of Appeal 

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. 

On June 28th, attorneys Robert F. Orr and Jeanette Doran submitted a Proposed Record on Appeal. They anticipate filing the Record sometime in July. 

Read More about the Case..

NCICL v. State of N.C. et al. (Secretary of State)

On June 21st, The North Carolina Institute for Constitutional Law (NCICL) filed a lawsuit against Secretary of State Elaine F. Marshall, in her official capacity, the Department of the Secretary of State, and the State of North Carolina (Defendants) for violations of public records laws in conjunction with apparent lobbying law violations.


Read More about the Case
Read the Complaint

  
June Articles about NCICL