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City / County Tax
Diversion Case |
In 2001 the
governor issued an "Executive Order" to use for state
operating expenses $335 million in local tax revenue which by
law belonged to 541 towns and cities and 100 counties. At
least 24 laws specifically state that these inventory
reimbursement taxes, utility taxes, beer/wine taxes and others
when collected by the secretary of revenue "shall" be paid
over to the local governments. A civil action in the nature of
a "writ of mandamus" commanding a public official to perform a
clear legal duty was bought in September 2002. (Cabarrus
County, et al. v. Tolson, Wake County No. 02 CVS
12528). Judge Joseph R. John, Sr. entered judgment against us
on January 29, 2004. We filed a Notice of Appeal on February
4, 2004. This case is on appeal in the North Carolina Court of
Appeals. (County of Cabarrus, et al. v. Tolson, No. COA
04-594).
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