Thursday, April 26, 2007, 10:29 AM

Court of Appeals Argument In Incentives Challenge

Yesterday the NC Court of Appeals heard oral argument in Blinson v. State, a taxpayer challenge to the constitutionality of economic incentives. Former Justice (and current GOP gubernatorial candidate) Robert Orr argued for the plaintiffs. Former Chief Justice Burley Mitchell (our Womble partner) argued for Dell. The state and local governments also presented arguments. The panel: Judges Wynn, Elmore, and Geer. The argument focused on two issues: (1) whether plaintiffs had standing to advance discrimination-based claims, and (2) plaintiffs' Public Purpose Clause argument (under Article V of the N.C. Constitution). For the appellate brief Womble Carlyle filed in support of Dell, see here.

On Tuesday, the day before the oral argument, the NC Supreme Court issued an order denying the "bypass" petition for discretionary review the plaintiffs had filed six months ago.

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