HEST TECHNOLOGIES v. STATE EX REL. PERDUE

No. 169A11-2.

749 S.E.2d 429 (2012)

366 N.C. 289

HEST TECHNOLOGIES, INC. and International Internet Technologies, LLC v. STATE of North Carolina ex rel. Beverly PERDUE, Governor, in her official capacity; North Carolina Department of Crime Control and Public Safety; Secretary of Crime Control and Public Safety Reuben Young, in his official capacity; Alcohol Law Enforcement Division; Director of Alcohol Law Enforcement Division John Ledford, in his official capacity.

Supreme Court of North Carolina.

December 14, 2012.


Attorney(s) appearing for the Case

Kilpatrick Townsend & Stockton LLP, Winston-Salem, by Adam H. Charnes , Richard S. Gottlieb , and Richard D. Dietz , and Grace, Tisdale & Clifton, P.A., Winston-Salem, by Michael A. Grace and Christopher R. Clifton , for International Internet Technologies, LLC; and Smith Moore Leatherwood LLP, by Richard A. Coughlin, Greensboro and Elizabeth B. Scherer, Raleigh, for Hest Technologies, Inc., plaintiff-appellees.

Roy Cooper , Attorney General, by John F. Maddrey , Solicitor General, and Hal F. Askins , Special Deputy Attorney General, for defendant-appellants.


HUDSON, Justice.

[N]o sooner is a lottery defined, and the definition applied to a given state of facts, than ingenuity is at work to evolve some scheme of evasion which is within the mischief, but not quite within the letter of the definition. But, in this way, it is not possible to escape the law's condemnation, for it will strip the transaction of all its thin and false apparel and consider it in its very nakedness....

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