{"id":"DUT-NC-017","kind":"duty","level":"court","jurisdiction":"North Carolina","state":"NC","metro":"","industry":"","agency":"","eco":"","issuer":"Supreme Court of North Carolina","authority":"N.C.G.S. 7A-31 (discretionary review); N.C. Const. art. I, secs. 1, 19","instrument":"Kinsley v. Ace Speedway Racing, Ltd., No. 280PA22 (N.C. Aug. 23, 2024), affirming 284 N.C. App. 665 (2022)","title":"Opinion: the June 8, 2020 NCDHHS abatement order closing Ace Speedway as an \u0027imminent hazard\u0027 for hosting gatherings above the EO 141 limit, the Governor\u0027s letter that the races \u0027were criminal acts\u0027, the preliminary injunction enforcing the order, and the sufficiency of the speedway\u0027s constitutional counterclaims","dateIssued":"2024-08-23","effective":"2024-08-23","end":"n/a (judicial opinion)","startDate":"2024-08-23","endDate":"","quarters":[],"types":["GATH","CLOSE","OTHER"],"addressees":["specified businesses (an outdoor racetrack); by its reasoning, every venue and business subject to the mass-gathering and operating restrictions"],"clause":"the Secretary... issued an abatement order that required Ace Speedway to close its operations as an \u0022imminent hazard\u0022 to public health.... the trial court issued a preliminary injunction prohibiting Ace Speedway from conducting races and other events at its facilities until it complied with the terms of the abatement order.","enforcement":"As recited: Class 2 misdemeanor enforcement of EO 141; imminent-hazard abatement order under G.S. 130A-20; temporary restraining order and preliminary injunction","functions":[],"notes":"Records, as the Court\u0027s statement of the facts, that a business which operated in violation of the EO 141 mass-gathering limit was told by the Governor on June 5, 2020 that its events \u0027violated the executive order and were criminal acts subject to enforcement by local law enforcement officers\u0027, was ordered closed by the Secretary under the imminent-hazard power, and was enjoined by the Superior Court until it complied; the Court held that the speedway\u0027s counterclaims under Article I, Sections 1 and 19 of the State Constitution were colorable and affirmed the denial of the State\u0027s motion to dismiss them. Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://appellate.nccourts.org/opinions/?c=1\u0026pdf=43931","snapshot":"","fileExists":true,"fileBytes":158402,"grade":"primary","character":"adjudication","description":"","collection":"DUT-NC","url":"/library/DUT-NC-017","exhibitUrl":"/exhibit/DUT-NC-017","citation":"Supreme Court of North Carolina, Kinsley v. Ace Speedway Racing, Ltd., No. 280PA22 (N.C. Aug. 23, 2024), affirming 284 N.C. App. 665 (2022) (Ex. DUT-NC-017)","stateName":"North Carolina","related":["DUT-NC-018","DUT-NC-002"]}