Munger, et al. v. State, 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: On Appeal
Date Filed: Aug 16th, 2007
Last Action: Mar 23rd, 2010
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
Petition for Discretionary Review 03/23/2010 Wake County Superior PDF 601KB
Opinion 02/16/2010 Wake County Superior PDF 94KB
Opinion 02/16/2010 Wake County Superior PDF 94KB
Appeal Briefs 07/20/2009 PDF 
Plaintiffs' Memo of Law in Opposition to MTD 08/04/2008 State (Wake County) PDF 181KB
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