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KINSLEY v. ACE SPEEDWAY RACING, LTD.

No. COA21-428.

877 S.E.2d 54 (2022)

2022-NCCOA-524

Kody H. KINSLEY, in his official Capacity as Secretary of the North Carolina Department of Health and Human Services, Plaintiff, v. ACE SPEEDWAY RACING, LTD., After 5 Events, LLC, 1804-1814 Green Street Associates Limited Partnership, Jason Turner, and Robert Turner, Defendants.

Court of Appeals of North Carolina.

Filed August 2, 2022.

Attorney(s) appearing for the Case

Solicitor General Ryan Y. Park , by Assistant Solicitor General Nicholas S. Brod and Solicitor General Fellow Zachary W. Ezor , and Attorney General Joshua H. Stein , by Assistant Attorney General John P. Barkley , for Plaintiff-Appellant.

Kitchen Law, PLLC, by S.C. Kitchen , for Defendants-Appellees.

Jeanette K. Doran , for amicus curiae North Carolina Institute for Constitutional Law.

¶ 1 This case makes us consider the use of overwhelming power by the State against the individual liberties of its citizens and how that use of power may be challenged. The people of North Carolina recognized the importance of this balance in ratification of our Constitution in 1868. The challenged act here involves the closing...

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