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BLINSON v. STATE

No. COA06-1258.

651 S.E.2d 268 (2007)

Delma BLINSON, Jerry R. Johnson, Kelliene Fisher, Donald R. Reid, Brian Gossage, Wilford R. Dowe, and Kent Misegades, Plaintiffs, v. STATE of North Carolina; James T. Fain, III, Secretary of the N.C. Dept. of Commerce, in his official capacity; City of Winston-Salem, North Carolina and Allen Joines, Mayor of Winston-Salem, in his official capacity; Forsyth County, North Carolina and Gloria D. Whisenhunt, Chairperson of the Board of Commissioners of Forsyth County, in her official capacity; The Millenium Fund; Winston-Salem Business, Inc.; The Winston-Salem Alliance; and Dell, Inc., Defendants.

Court of Appeals of North Carolina.

October 16, 2007.

Attorney(s) appearing for the Case

North Carolina Institute for Constitutional Law, by Robert F. Orr, Pamela B. Cashwell, and Jeanette Doran Brooks, Raleigh, for plaintiffs-appellants.

Attorney General Roy Cooper, by Special Deputy Attorney General Norma S. Harrell and Assistant Solicitor General John F. Maddrey, for State defendants-appellees.

Kilpatrick Stockton LLP, by J. Robert Elster, Adam H. Charnes, and Stephen T. Inman; Winston-Salem City Attorney Ronald G. Seeber; and Forsyth County Attorney Davida W. Martin; for defendants-appellees City of Winston-Salem, Allen Joines, Forsyth County, Gloria D. Whisenhunt, The Millenium Fund, Winston-Salem Business, Inc., and The Winston-Salem Alliance.

Womble Carlyle Sandridge & Rice, PLLC, by Burley B. Mitchell, Jr., Pressly M. Millen, Sean E. Andrussier, and Melody Ray-Welborn, Raleigh; and Jones Day, by Michael A. Carvin, Washington, DC; for defendant-appellee Dell, Inc.

GEER, Judge.

"Today, every state provides tax and other economic incentives as an inducement to local industrial location and expansion." Walter Hellerstein & Dan T. Coenen, Commerce Clause Restraints on State Business Development Incentives, 81 Cornell L.Rev. 789, 790 (1996). In a reprise of Maready v. City of Winston-Salem, 342 N.C. 708, 467 S.E.2d 615 (1996), plaintiffs challenge...

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