AG 2002 08 19 (Regular) - Laserfiche WebLink

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AUG, 16, 2,)Oz 12:48PM BOYCF. & le'F¥,.u.. PLLC NO, 589 Pi '2 ~OYCE & ISLEY- COb-FIDENT~ ~0, 31 JULY 2002. TYPE OF LAWSUIT: CIVIL ACTION FOR WRIT OF ~ND~US (INJUNCTION TO I~VE 200i-2002 LOCAL TAX. MONEY PAID TO CITIES, TOWNS, COUNTIES; iNJUNCTION TO PROHIBIT.FUTURE WITHHOLDING OF PAYMENTS DUE BEGINNING SEPTEMBER 15TH AND BALANCE OF FY 2002-2003. PARTIES: THE ORIGINAL COUNTIES, TOWNS ~qD CITIES WHO A3.E THE ORIGINAL PLAINTIFFS. ALL OTHER COUNTIES AND MUNICIPALITIES WHO WANT THEIR MONEY WILL HAVE THE RIGHT TO PARTICIPATE. THOSE WHO DO NOT WANT TO BE A PART OF THE LAWSUIT AND SHARE IN THE SUCCESS ON THE CONSTITUTIONAJ~ ~'ID LEGAL ISSUES HAVE A RIGHT TO OPT OUT. DEFE1TDA.NT: E. NORRIS TOLSON, IN HIS OFFICIAL CAPACI'TY AS SECRETARY OF REVENUE OF THE STATE OF NORTH CAROLINA. PLACE SUPERIOR COURT OF WAKE COUNTY. J~JDGE: TO BE ASSIGNED BUT PROBABLY ONE OF THE WAKE COUNTY JUDGES SINCE THERE IS. A FREEZE ON TRAVEL/ROTATION OF JUDGES. TREO~Y OF LAWSUIT: TNE LAW IS CLEAR THAT THE SECRETARY OF REVENUE MUST/SHA~L REMST LOCAL T~ES TO THE LOCA~ GOVErnmENTS. MA/~D~US IS THE OLD N~E OF A LEGAL WRIT THAT iS PROPER TO FORCE A GOVERNMENT OFFICIAL TO PERFORM '~HIS CLEAR LEGAL DUTY." CLF2%R LEGAJ~ DUTY: EXISTING STATUTES REQUIRE THE SCERETARY TO TURN LOCAhL MONEY OVER TO CITIES, TOWNS AS~D COUNTIES. PROBA~BLE DEFENSE BY THE SECRETARY: THE GOVERNOR HAS AUTHORITY UNDER THE CONSTITUTION TO "EFFECT THE NECESSARY. ECONOMIES" WHEN ~ "EMERGENCY" OCCURS THAT RESULTS IN LESS REVENUE COMING IN THAN THE A_MOUNT OF APPROPRIATIONS THE GENERAL ASSEMBLY HAS AUTHORIZED TO BE SPENT. THERE IS ALSO A VAGUE REFERENCE IN THE EXECUTIVE BUDGET ACT TO MONIES '~COLLECTED" BY THE STATE AND THE ATTORNEY GENERAL WILL LIKELY ARGUE THIS APPLIES TO LOCAL MONEY AS WELL AS STATE FUNDS. REPLY TO THE SECRETARY'S ARGUb~NT: THE ~'COLLECTION" ARGUMENT IS A STRETCH IN INTERPRETATION SINCE OTHER PORTIONS OF THE EXECUTIVE BUDGET ACT APPEAR TO MAKE CLEAR THE REFERENCE IS ONLY TO STATE FUNDS, NOT LOC~ MONEY. FURTHER R~PLY TO SECRETARY'S ARGUM/ENT:-THE EXCUSE OF THE EXECUTIVE BRARCH IS T.~LAT A "FISCAL EMERGENCY" IS OCCUR!NG. THERE AP, E. 3 .EXISTING STATUTES DEFINING STATE "EMERGENCIES." 1. CIVIL DISORDERS Ai~]D RIOTS. 2. NATURAL DISASTERS SUCH AS HURRICANES AND FLOODS. FISCAL EMERGENCY IN WHICH THE TREASURER CA~N ISSUE SHORT TEPN DEBT WITH APPROVAL OF GOVERNOR ~D COUNCIL OF STATE. THE LEGISLATURE HAS NOT SEEN FIT TO GIVE THE EXECUTIVE B~%NCH THE "EMERGENCY FISCAL POWERS" IT NOW CLAIMS. IN FACT, CURRENT PROPOSED BILLS MAKE IT CLEAR THE CLAIMED POWER DOES NOT EXiST.~--.,