North Carolina Appellate Court Rejects Separation of Powers Challenge to Governor’s Authority to Negotiate Indian Gaming Compacts

Here are the materials in McCracken & Amick v. Perdue (N.C. App.):

NC App Opinion

McCracken and Amick Brief

Perdue Brief

Record on Appeal

Previous case involving same parties is posted here.

North Carolina Supreme Court to Hear Challenge to Eastern Band Cherokee Gaming Compact

The case is McCracken and Amick Inc v. Perdue. Appellate court materials are here. The original trial court order is here.

Here are the briefs so far:

McCracken and Amick Petition for Discretionary Review

McCracken and Amick Brief

North Carolina Brief

M&A Reply coming soon!

N. Carolina Appellate Court Upholds Poker Ban, Eastern Band Cherokee Gaming Compact

Here is the opinion in McCracken and Amick v. Perdue. News coverage here, via Pechanga.

An excerpt:

The State appeals from the trial court’s order entering judgment in favor of plaintiffs McCracken and Amick, Incorporated,doing business as The New Vemco Music Co., and its principal owner, Ralph Amick, on their claim that the State is not permitted under federal Indian gaming law to grant the Eastern Band of Cherokee Indians of North Carolina (“the Tribe”) exclusive rights to conduct certain gaming on tribal land while prohibiting it throughout the rest of the State. We conclude, however, that state law providing the Tribe with exclusive gaming rights does not violate federal Indian gaming law. Consequently, we reverse the trial court’s order.
The state’s briefs are here (as well as the trial court opinion). Other briefs:

Materials in North Carolina Gaming Case

Here are the State’s briefs at least in McCracken and Amick, Inc. v. Perdue, the appeal of a trial judge’s decision in North Carolina finding it unconstitutional under state law for the State to enter into gaming compacts with tribes but not with other citizens of the State. The lower court opinion is here.

North Carolina Brief

North Carolina Reply Brief