AG 2001 10 22 - Laserfiche WebLink

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Memorandum North Carolina Association of County Commissioners Mailing Address: P. O. Box 1488, Raleigh, NC 27602-1488 Street Address: Albert Coates Local Government Center, 215 N. Dawson Street, Raleigh, NC 27603 Telephone: 919-715-2893 · Fax: 919-733-1065 · Email: ncacc~ncacc.org Home Page Address: http://www.ncacc.org To: ~rom: Date: Subject: County Attorneys County Managers James B. Blackburn III, General Counsel; Paul A. Meyer, Assistant General Counsel October 2, 2001 Joint Defense - American Woodlands Industries v. Offerman As you know, plaintiffs' counsel in American Woodlands Industries v. Offerman, the timber deed revenue stamp case, appealed Judge Stephens' dismissal of their action to the North Carolina Court of Appeals. A group of county attorneys met at the Association's offices and received a report from a working group offering to handle all appeal activities in American Woodlands Industrie~ for all counties. Chuck Kitchen, Durham County Attorney, Leslie Moxley, Moore County Attorney, and Grainger Barrett, Cumberland County Attorney, have volunteered to serve as that working group. All other counties would be able to benefit from their services without having to compensate them. Any County Attorney that would prefer to handle his or her county's appeal would, of course, be welcome and encouraged to do that. Otherwise, though, the Association suggests authorizing Chuck Kitchen, Leslie Moxley and Grainger Barrett to represent your county in the appeal. They recommend that the various counties desiring to use their services send them written authorization to enter an appearance on those counties' behalf. We know that some of you have already contacted one or another of them to pursue the appeal on your county's behalf. If you did that orally, please follow up by sending them that authorization in writing. We suggest that, for all other counties alphabetically, that Chuck Kitchen represent Alamance through Edgecombe counties, that Leslie Moxley represent Forsyth through New Hanover counties, and that Grainger Barrett represent Northampton through Yancey counties. If you would like to take advantage of this, please send the appropriate one of them an authorization in writing to represent your county on this appeal no later than November 1, 2001. Each attorney that is appearing for your county will copy you on all motions, briefs, and filings, etc. Chuck Kitchen, Leslie Moxley and Grainger Barrett will handle all matters relating to settling a record on appeal, filing responsive briefs: arguing any motions and appearing in court for argument if necessary. They will also represent the counties on oral argument before the Court of Appeals, if the appeal is set for oral argument. They indicate they expect to file three responsive briefs. Chuck Kitchen will file a brief focusing on the issue of sovereign immunity, Leslie Moxley will file a brief on exhaustion of administrative remedies and the statute of repose, and Grainger Barrett will file a file supporting the State's position on lack of standing. Each br/ef will incolporate all other defendants' briefs by reference.