Court dismisses suit seeking McCrory tax records
Posted September 10, 2012
Raleigh, N.C. — As our friends at the Associated Press reported, Wake County Superior Court Judge Paul Ridgeway has dismissed N.C. Citizens for Progress' lawsuit against Pat McCrory, the GOP candidate for governor.
From the AP story:
N.C. Citizens attorney Michael Weisel said the group was disappointed at the ruling, which he said didn't address the lawsuit's content, and would consider whether to appeal.
In a statement, Weisel said the lawsuit has still succeeded in stopping "Pat McCrory from bullying media outlets and to expose his threats of legal action as a bluff," but the ruling raises questions about the remedies available to other independent political committees.
The suit started when McCrory filed preliminary paperwork indicating he would sue the group over an ad it aired earlier this summer. McCrory backed off that claim and dismissed his suit. However, Citizens for Progress claimed that McCrory was bullying television stations and pressed forward with its claims. It's also worth nothing the discovery in the case would give Democrats access to material they have been seeking from the Republican nominee.
Ridgeway wrote in to rule on the declaratory judgment as Citizens for Progress had asked would require the court to determine facts "such as whether the ads are true or false." Ridgeway said that was not an appropriate role for a declaratory judgment action.