July 2010 at NCICL

lincicome@ncicl.org
Aug 3rd, 2010
by Elizabeth Lincicome

Litigation Updates

Goldston v. State of North Carolina, et al.

 

Attorneys Robert F. Orr and Jeanette Doran, together with Eugene and Daniel Boyce, continue their efforts in the "Highway Trust Fund Case", in which the Court of Appeals has ruled that the State Constitution prohibits the Governor from transferring money from the Highway Trust Fund to the State’s General Fund in an effort to balance the budget.

Most recently, the case has been calendared for oral argument at the N.C. Supreme Court on September 7th.

 



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 June 21st, attorneys Robert Orr and Jason Kay filed a Notice of Appeal to the N.C. Court of Appeals. The parties involved have finalized the Record on Appeal and the appeal is moving forward. 

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 handouts 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. 

The lawsuit has been docketed at the Court of Appeals. The Court is expected to consider it this fall. 

Read the Record on Appeal
Read More about the Case


Libertarian Party of North Carolina and The North Carolina Green Party, et al., v. State of North Carolina, et al.

Attorney Jason Kay filed a friend of the court brief in this case,  which addresses the burdens placed on emerging political parties and their constitutional rights to participate in the election process. 

While the Court of Appeals panel unanimously held that the statutes infringed on fundamental constitutional rights and, therefore, the statutes must survive strict scrutiny, a majority of the panel took the position that the legislature had met this high constitutional burden, holding that the infringing statutes were narrowly tailored to achieve only the alleged compelling state interest.

Recently, the N.C. Supreme Court scheduled the case for oral argument on September 9th at 9:30 a.m.

To read the Amicus Curiae Brief, click here.
 

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. The Defendants have requested an extension and their response is now due on August 23rd. 


Read More about the Case
Read the Complaint

  
July Articles about NCICL