Heatherly, et al. v. State, et al.
CHARLES HEATHERLY; THOMAS SPAMPINATO; W. EDWARD GOODALL, JR.; PAUL STAM; WAKE COUNTY TAXPAYERS ASSOCIATION; and THE NORTH CAROLINA FAMILY POLICY COUNCIL, Plaintiffs v. STATE OF NORTH CAROLINA; CHARLES A. SANDERS, BRYAN E. BEATTY, LINDA CARLISLE, ROBERT A. FARRIS, JR., JOHN R. MCARTHUR, JIM WOODWARD, AND ROBERT W. APPLETON, members of the North Carolina Lottery Commission, in their official capacity; NORTH CAROLINA LOTTERY COMMISSION; THOMAS N. SHAHEEN, Executive Director of the North Carolina Education Lottery, in his official capacity; MICHAEL F. EASLEY, Governor of the State of North Carolina, in his official capacity; RICHARD H MOORE, Treasurer of the State of North Carolina, in his official capacity, Defendants.
Case Status
| Current Status: | Closed |
|---|---|
| Date Filed: | Dec 15th, 2005 |
| Last Action: | Mar 20th, 2009 |
| Court Filed In: | State (Wake County) |
Case Summary
NCICL filed the lawsuit on behalf of four individuals and two nonprofit organizations in Wake County Superior Court. The lawsuit alleges that the Lottery Act constitutes a revenue bill in that it is an attempt to raise money on the credit of the State and to pledge the faith of the State directly or indirectly for the payment of a debt, and creates implicit and express taxes. The lawsuit alleges that the Lottery Act was not passed in compliance with provisions of the N.C. Constitution which require that revenue bills be read and passed by the General Assembly on three readings, each of which must be on a separate day.
Documents Filed
| Document Title | Date Filed | Court | Download |
|---|---|---|---|
| Opinion | 03/20/2009 | N.C. Supreme Court | PDF 111KB |
| Supeme Court Oral Argument heard | 09/09/2008 | NC Supreme Court | |
| Defendant-Appellees New Brief | 07/23/2008 | NC Supreme Court | PDF 222KB |
| Plaintiff-Appellees' New Brief | 05/19/2008 | NC Supreme Court | PDF 1.3MB |
| Tax Foundation Amicus Brief | 05/19/2008 | N.C. Supreme Court | PDF 949KB |
| Notice of Appeal | 04/18/2008 | NC Supreme Court | PDF 888KB |
| Opinion | 03/18/2008 | N.C. Court of Appeals | PDF 110KB |
| Plaintiff-Appellants' Reply Brief | 03/07/2007 | NC Court of Appeals | PDF 666KB |
| Defendant-Appellees' Brief | 02/19/2007 | NC Court of Appeals | PDF 142KB |
| Brief Amicus Curiae of The Tax Foundation | 01/19/2007 | NC Court of Appeals | PDF 655KB |
| Plaintiff-Appellants' Brief | 01/16/2007 | NC Court of Appeals | PDF 3.2MB |
| Opinion on Petition for Discretionary Review | 12/14/2006 | N.C. Supreme Court | PDF 86KB |
| Defendants' Response to PDR | 06/28/2006 | NC Supreme Court | PDF 108KB |
| Plaintiff's Record on Appeal Volume 1 of 2 | 06/08/2006 | NC Court of Appeals | PDF 11.4MB |
| Plaintiff's Record on Appeal Volume 2 of 2 | 06/08/2006 | NC Court of Appeals | PDF 9.5MB |
| Plaintiff's Petition for Discretionary Review | 06/01/2006 | NC Supreme Court | PDF 76KB |
| Defendants' Notice of Appeal | 04/10/2006 | Wake County Superior | PDF 54KB |
| Plaintiff-Interveors' Notice of Appeal | 04/04/2006 | Wake County Superior | PDF 57KB |
| Plaintiffs' Notice of Appeal | 03/29/2006 | Wake County Superior | PDF 60KB |
| Order | 03/21/2006 | Wake County Superior | PDF 337KB |
| Transcript of Superior Court Hearing | 03/20/2006 | State (Wake County) | PDF 212KB |
| Amended Complaint | 03/15/2006 | State (Wake County) | PDF 650KB |
| Brief for Defendants | 03/15/2006 | State (Wake County) | PDF 9.8MB |
| Plaintiffs' and Plaintiff-Intervenors' Brief | 03/15/2006 | State (Wake County) | PDF 10.6MB |
| Motion for Leave to Amend Complaint | 03/15/2006 | Wake County Superior | PDF 93KB |
| Defendants' Answer to Plaintiffs' Complaint | 03/03/2006 | State (Wake County) | PDF 5.4MB |
| Answer to Intervenors' Complaint | 03/03/2006 | Wake County Superior | PDF 578KB |
| Intervening Complaint | 02/15/2006 | Wake County Superior | PDF 621KB |
| Order Denying Preliminary Injunction | 02/15/2006 | Wake County Superior | PDF 78KB |
| Order on Motion to Dismiss | 02/15/2006 | Wake County Superior | PDF 95KB |
| Order Allowing Intervenors | 02/14/2006 | Wake County Superior | PDF 47KB |
| Plaintiffs' Brief in Support of Preliminary Injunction | 02/09/2006 | State (Wake County) | PDF 2.4MB |
| Defendants' Memo in Opposition to Plaintiffs' PI | 02/09/2006 | State (Wake County) | PDF 1.9MB |
| Defendants' Motion to Dismiss | 01/18/2006 | State (Wake County) | PDF 236KB |
| Plaintiffs' Motion for Preliminary Injunction | 12/30/2005 | State (Wake County) | PDF 1.5MB |
| Motion to Intervene | 12/21/2005 | Wake County Superior | PDF 112KB |
| Complaint and Petition for Declaratory Judgement | 12/15/2005 | State (Wake County) | PDF 10.1MB |