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McCRACKEN AND AMICK, INC. v. PERDUE

No. COA09-431.

687 S.E.2d 690 (2009)

McCRACKEN AND AMICK, INCORPORATED d/b/a The New Vemco Music Co. and Ralph Amick, Plaintiffs, v. Beverly Eaves PERDUE, in her official capacity as Governor of North Carolina, Defendant.

Court of Appeals of North Carolina.

December 22, 2009.

Attorney(s) appearing for the Case

Everett Gaskins Hancock & Stevens, LLP, by Hugh Stevens, Michael J. Tadych, Raleigh, and James M. Hash, for plaintiffs-appellees.

Attorney General Roy Cooper, by Special Deputy Attorney General Mark A. Davis, for defendant-appellant.

Eastern Band of Cherokee Indians, by Attorney General Annette Tarnawsky; Ben Oshel Bridgers, PLLC, by Ben Oshel Bridgers; and Holland & Knight LLP, by Frank Lawrence, Los Angeles, California, pro hac vice, for amici curiae Eastern Band of Cherokee Indians, National Congress of American Indians, National Indian Gaming Association, United South and Eastern Tribes, Arizona Indian Gaming Association, and Poarch Band of Creek Indians of Alabama.

ROBERT C. HUNTER, Judge.

The State appeals from the trial court's order entering judgment in favor of plaintiffs McCracken and Amick, Incorporated, doing business as The New Vemco Music Co., and its principal owner, Ralph Amick, on their claim that the State is not permitted under federal Indian gaming law to grant the Eastern Band of Cherokee Indians of North Carolina ("the Tribe") exclusive rights to conduct certain gaming on tribal land while prohibiting it throughout...

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