Blinson, et al. v. State of N.C., 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: Apr 10th, 2008
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
Decision 04/10/2008 N.C. Supreme Court PDF 99KB
Local Defendants' Motion to Dismiss 12/03/2007 N.C. Supreme Court PDF 1.4MB
State Defendants' Motion to Dismiss 12/03/2007 N.C. Supreme Court PDF 1.4MB
Dell's Motion to Dismiss 11/30/2007 N.C. Supreme Court PDF 2.7MB
Notice of Appeal and Petition for Discretionary Review 11/19/2007 N.C. Supreme Court PDF 3.2MB
Decision 04/23/2007 N.C. Supreme Court PDF 97KB
Opinion 01/16/2007 N.C. 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
Memorandum of Additional Authority 12/28/2006 N.C. Court of Appeals PDF 145KB
Appellant's Brief to Court of Appeals 11/22/2006 NC Court of Appeals PDF 2.4MB
Order on Motion to Stay 11/01/2006 N.C.Court of Appeals PDF 64KB
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 05/12/2006 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 2.8MB
Reply Brief in Support of Motion to Dismiss (State) 04/17/2006 State (Wake County) PDF 2.8MB
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