Commercial Zoning

Pending Expedited Appeal, State Requests Stay of Court Order Regarding Internet Sweepstakes

We’ve been following the unfolding saga of internet sweepstakes in North Carolina. You can view previous posts here and here for a proper background.

Where are we now? Well, the State is seeking an expedited appeal of a Superior Court ruling that the vagueness of N.C.G.S. Section 14-306.4(i) renders that provision unconstitutional. In the meantime, until the Court can hear and decide the State’s appeal, the State will seek a stay of the Order. The basis for a stay? We haven’t seen the paper, but it’s been reported that the State’s Attorney General’s office contends that, absent a stay, people who operate what lawmakers have deemed illegal gambling will be able to evade prosecution.

Mike Thelen is a lawyer in Womble Carlyle’s Real Estate Litigation practice group. He regularly represents a wide variety of clients in land use and land development issues, from local governments to businesses, in both state and federal venues throughout North Carolina.

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