Munger, et al. v. State of N.C., et al.
MICHAEL C. MUNGER, BARBARA HOWE, and MARK WHITELEY CARES, Plaintiffs v. STATE OF NORTH CAROLINA; JAMES T. FAIN II, Secretary of the North Carolina Department of Commerce, in his official capacity; REGINALD HINTON, Acting Secretary of the North Carolina Department of Revenue, in his official capacity; DAVID T. MCCOY, State Budget Officer for the Office of State Budget and Management, in his official capacity; MICHAEL F. EASLEY, Governor of the State of North Carolina, in his official capacity; GOOGLE INC; and MANDRAS INTEGRATION, LLC, Defendants
Case Status
| Current Status: | Closed |
|---|---|
| Date Filed: | Aug 16th, 2007 |
| Last Action: | Feb 3rd, 2011 |
| Court Filed In: | State (Wake County) |
Case Summary
Representing three individual plaintiffs, NCICL filed a lawsuit in Wake County Superior Court challenging legislation which granted Google an exemption from certain retail sales and use taxes and the award of Job Development Investment Grants. The lawsuit alleges that the tax credits and grants given to Google violated various provisions of the state constitution, including the Public Purpose and Exclusive Emoluments Clauses. The total handout to Google could top $260 million, including the challenged "incentives" from the State which total approximately $90 million
Documents Filed
| Document Title | Date Filed | Court | Download |
|---|---|---|---|
| Opinion | 02/03/2011 | N.C. Supreme Court | PDF 26KB |
| Google's New Brief | 12/13/2010 | N.C. Supreme Court | PDF 3.7MB |
| State's New Brief | 12/13/2010 | N.C. Supreme Court | PDF 2.2MB |
| Amicus Brief of the N.C. Economic Developers Assoc. & N.C. Chamber | 12/09/2010 | N.C. Supreme Court | PDF 205KB |
| Motion for Judicial Notice | 12/01/2010 | N.C. Supreme Court | PDF 612KB |
| Plaintiffs-Petitioners' New Brief | 11/08/2010 | N.C. Supreme Court | PDF 1.9MB |
| Order | 10/08/2010 | N.C. Supreme Court | PDF 54KB |
| Response to Petition for Discretionary Review (Google) | 04/05/2010 | N.C. Supreme Court | PDF 759KB |
| Petition for Discretionary Review | 03/23/2010 | N.C. Supreme Court | PDF 601KB |
| Opinion | 02/16/2010 | N.C. Court of Appeals | PDF 94KB |
| State's Brief | 07/20/2009 | N.C. Court of Appeals | PDF 1.1MB |
| Google's Brief | 07/20/2009 | N.C. Court of Appeals | PDF 1.2MB |
| Plaintiff-Appellants' Brief | 06/01/2009 | N.C. Court of Appeals | PDF 2.4MB |
| Response to Petition for Discretionary Review (State) | 04/05/2009 | N.C. Supreme Court | PDF 1,003KB |
| Record on Appeal | 03/23/2009 | N.C. Court of Appeals | PDF 15.7MB |
| Notice of Appeal | 12/12/2008 | Wake County Superior | PDF 90KB |
| Order and Memorandum of Decision | 11/14/2008 | Wake County Superior | PDF 409KB |
| State's Reply Brief | 06/20/2008 | Wake County Superior | PDF 88KB |
| Google's Reply Brief | 06/20/2008 | Wake County Superior | PDF 1.0MB |
| Plaintiffs' Memo of Law in Opposition to MTD | 05/08/2008 | State (Wake County) | PDF 2.9MB |
| Defendants' Memo in Support of MTD (Google) | 04/30/2008 | State (Wake County) | PDF 2.3MB |
| Defendants' Memo in Support of MTD (State) | 04/30/2008 | State (Wake County) | PDF 253KB |
| Defendants' Motion to Dismiss (State) | 10/18/2007 | State (Wake County) | PDF 961KB |
| Defendants' Motion to Dismiss (Google) | 10/16/2007 | State (Wake County) | PDF 1.2MB |
| Amended Complaint | 08/16/2007 | State (Wake County) | PDF 12.0MB |