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MUNGER v. STATE

No. COA09-375.

689 S.E.2d 230 (2010)

Michael C. MUNGER, Barbara Howe, and Mark Whitely Cares, Plaintiffs, v. STATE of North Carolina; James T. Fain III, 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 Madras Integration, LLC, Defendants.

Court of Appeals of North Carolina.

February 16, 2010.

Attorney(s) appearing for the Case

North Carolina Institution for Constitutional Law, by Robert F. Orr, Asheville, and Jeanette K. Doran, for Plaintiffs.

Womble Carlyle Sandridge & Rice, PLLC, by Burley B. Mitchell, Jr., Pressly M. Millen, and Sean Andrussier, Raleigh, for Defendants Google, Inc., and Madras Integration, LLC.

Attorney General Roy Cooper, by Special Deputy Attorney General Norma S. Harrell and Special Deputy Attorney General I. Faison Hicks, for Defendants State of North Carolina, James T. Fain, III, Reginald Hinton, David T. McCoy, and Governor Michael F. Easley.

ERVIN, Judge.

The present appeal stems from another in a series of challenges to economic incentive legislation enacted by the General Assembly as violative of various provisions of the North Carolina Constitution. After careful consideration of the record in light of the applicable law, we conclude that Plaintiffs lack standing to assert the only claims that have been brought forward for our consideration on appeal and that the trial court correctly dismissed those...

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