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T AND A AMUSEMENTS, LLC v. McCRORY

No. COA16-161.

796 S.E.2d 376 (2017)

T AND A AMUSEMENTS, LLC; and Crazie Overstock Promotions, LLC, Plaintiffs, v. Patrick McCRORY, in his official capacity as Governor of the State of North Carolina; Frank L. Perry, in his official capacity as Secretary of the North Carolina Department of Public Safety; Mark J. Senter, in his official capacity as Branch Head of the Alcohol Law Enforcement Division; Jody Williams, in his official capacity as the Chief of Police of the City of Asheboro, North Carolina; and Maynard B. Reid, Jr., in his official capacity as the Sheriff of Randolph County, Defendants.

Court of Appeals of North Carolina.

Filed: February 7, 2017.

Attorney(s) appearing for the Case

Morningstar Law Group, by William J. Brian, Jr. , Morrisville, and Keith P. Anthony , Durham, for plaintiffs-appellants.

Joshua H. Stein , Attorney General, by Hal F. Askins , Special Deputy Attorney General, and J. Joy Strickland , Assistant Attorney General, for defendants-appellees Patrick McCrory, Frank L. Perry, and Mark J. Senter.

Cranfill Sumner & Hartzog LLP, by Jaye E. Bingham-Hinch , Raleigh, and Patrick H. Flanagan , Charlotte, for defendant-appellee Jody Williams.

No brief filed on behalf of defendant-appellee Maynard B. Reid, Jr.

This case requires us to revisit the issue of whether lawsuits brought by companies in the business of licensing and distributing promotional rewards programs seeking declaratory and injunctive relief as to the legality of those programs are barred by sovereign immunity or are otherwise nonjusticiable. Crazie Overstock Promotions,...

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