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