Blinson, et al. v. State, et al.
DELMA BLINSON; JERRY R. JOHNSON; KELLIENE FISHER; DONALD R. REID; BRIAN GOSSAGE; WILFORD R. DOWE; and KENT MISEGADES, Plaintiffs, v. STATE OF NORTH CAROLINA; JAMES T. FAIN, II, Secretary of the N.C. Department of Commerce, in his official capacity; CITY OF WINSTON-SALEM, North Carolina and ALLEN JOINES, Mayor of Winston-Salem, in his official capacity; FORSYTH COUNTY, North Carolina and GLORIA D. WHISENHUNT, Chairperson of the Board of Commissioners of Forsyth County, in her official capacity; THE MILLENNIUM FUND; WINSTON-SALEM BUSINESS, INC.; THE WINSTON-SALEM ALLIANCE, AND DELL, INC., Defendants.
Case Status
| Current Status: | Closed |
|---|---|
| Date Filed: | Jun 23rd, 2005 |
| Last Action: | Jan 16th, 2007 |
| Court Filed In: | State (Wake County) |
Case Summary
NCICL filed the lawsuit on behalf of seven individual plaintiffs in Wake County Superior Court. The lawsuit alleged that legislation passed during a Special Session of the N.C. General Assembly on November 4, 2004, provides Dell with tax credits and other grants or subsidies that violate the Commerce Clause of the U.S. Constitution, as well as various sections of the N.C. Constitution. The lawsuit further alleged that the local resolutions passed by the Winston-Salem City Council and the Forsyth County Commission provide tax refunds and other subsidies that violate various sections of the N.C. Constitution. The total incentives handout to Dell could total $242 million.
Documents Filed
| Document Title | Date Filed | Court | Download |
|---|---|---|---|
| Court of Appeals Opinion | 01/16/2007 | NC Court of Appeals | PDF 80KB |
| Brief to Court of Appeals (State) | 01/10/2007 | NC Court of Appeals | PDF 187KB |
| Brief to Court of Appeals (Dell) | 01/10/2007 | NC Court of Appeals | PDF 1.4MB |
| Brief to Court of Appeals (Local) | 01/09/2007 | NC Court of Appeals | PDF 1.0MB |
| Appellant's Brief to Court of Appeals | 11/22/2006 | NC Court of Appeals | PDF 2.4MB |
| Motion to Stay | 10/31/2006 | NC Court of Appeals | PDF 167KB |
| Response to Petition for Discretionary Review (Dell) | 10/26/2006 | NC Supreme Court | PDF 93KB |
| Response to Petition for Discretionary Review (Local) | 10/26/2006 | NC Supreme Court | PDF 1.1MB |
| Response to Petition for Discretionary Review (State) | 10/26/2006 | NC Supreme Court | PDF 136KB |
| Petition for Discretionary Review | 10/16/2006 | NC Supreme Court | PDF 1.8MB |
| Record on Appeal | 09/19/2006 | NC Court of Appeals | PDF 9.1MB |
| Notice of Appeal | 05/23/2006 | State (Wake County) | PDF 794KB |
| Trial Order | 05/10/2006 | State (Wake County) | PDF 2.7MB |
| Reply Brief in Support of Motion to Dismiss (Dell) | 04/17/2006 | State (Wake County) | PDF 1.9MB |
| Reply Brief in Support of Motion to Dismiss (Local) | 04/17/2006 | State (Wake County) | PDF 884KB |
| Reply Brief in Support of Motion to Dismiss (State) | 04/17/2006 | State (Wake County) | PDF 228KB |
| Memo in Opposition to Motion to Dismiss | 04/05/2006 | State (Wake County) | PDF 5.7MB |
| Memo in Support of Motion to Dismiss (Dell) | 02/13/2006 | State (Wake County) | PDF 3.6MB |
| Memo in Support of Motion to Dismiss (Local) | 02/13/2006 | State (Wake County) | PDF 25.7MB |
| Memo in Support of Motion to Dismiss (State) | 02/13/2006 | State (Wake County) | PDF 359KB |
| Amended Motion to Dismiss (State) | 10/12/2005 | State (Wake County) | PDF 265KB |
| Amended Motion to Dismiss (Dell) | 10/12/2005 | State (Wake County) | PDF 921KB |
| Amended Motion to Dismiss (Local) | 10/07/2005 | State (Wake County) | PDF 464KB |
| Amended Complaint and Petition for Declaratory Judgement | 09/09/2005 | State (Wake County) | PDF 2.2MB |
| Motion to Dismiss (Local) | 07/25/2005 | State (Wake County) | PDF 418KB |
| Complaint and Petition for Declaratory Judgement | 06/23/2005 | State (Wake County) | PDF 3.6MB |