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HERITAGE VILLAGE CHURCH AND MISSIONARY FELLOWSHIP v. STATE

No. 87.

263 S.E.2d 726 (1980)

HERITAGE VILLAGE CHURCH AND MISSIONARY FELLOWSHIP, INC., Plaintiff, The Holy Spirit Association for the Unification of World Christianity, Intervening Plaintiff, v. The STATE of North Carolina, Rufus L. Edmisten, Attorney General of North Carolina, Sarah T. Morrow, Secretary of Human Resources of the State of North Carolina; and Peter S. Gilchrist, III, District Attorney for the 26th Prosecutorial District of North Carolina, Defendants-Appellants.

Supreme Court of North Carolina.

March 5, 1980.

Attorney(s) appearing for the Case

Wardlow, Knox, Knox, Robinson & Freeman by H. Edward Knox and John S. Freeman, Charlotte, for original plaintiff-appellee.

Melrod, Redman & Gartlan by Dorothy Sellers, Washington, D. C., and Chambers, Stein, Ferguson & Becton, P.A. by Jonathan Wallas, Charlotte, for intervenor-plaintiff.

Rufus L. Edmisten, Atty. Gen. by William F. O'Connell, Sp. Deputy Atty. Gen., and Robert R. Reilly, Asst. Atty. Gen., Raleigh, for the State.

EXUM, Justice.

This case involves a variety of challenges based on state and federal constitutional grounds to G.S. 108-75.1 et seq., the "Solicitation of Charitable Funds Act" (Act). We hold that Section 75.7(a)(1) of the Act, which exempts from compliance all religious organizations except those whose "financial support is derived primarily from contributions solicited from persons other than its own members" deprives the Act of that neutrality toward religion...

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