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.