{"id":"DUT-NC-018","kind":"duty","level":"court","jurisdiction":"North Carolina","state":"NC","metro":"","industry":"","agency":"","eco":"","issuer":"Court of Appeals of North Carolina","authority":"Appeal from Alamance County Superior Court, No. 20 CVS 1001","instrument":"Kinsley v. Ace Speedway Racing, Ltd., 2022-NCCOA-524, No. COA21-428 (N.C. Ct. App. Aug. 2, 2022)","title":"Opinion: the terms of the June 8, 2020 Abatement Order (close until Order 141 expires or until a plan for \u0027full compliance with Order 141\u0027s mass gathering restrictions\u0027), the June 11, 2020 TRO and the July 10, 2020 preliminary injunction","dateIssued":"2022-08-02","effective":"2022-08-02","end":"n/a (judicial opinion; affirmed by Ex. DUT-NC-017)","startDate":"2022-08-02","endDate":"","quarters":[],"types":["GATH","CLOSE","OTHER"],"addressees":["specified businesses (an outdoor racetrack); venues subject to the mass-gathering restrictions"],"clause":"The Abatement Order instructed Ace to close its facilities until the expiration of Order 141, or until such time as Ace developed a plan to host events in full compliance with Order 141\u0027s mass gathering restrictions.... [the court] \u0022enjoined [Ace] from taking any action to conduct or facilitate a stock car race or other mass gathering at ACE Speedway[.]\u0022","enforcement":"As recited: abatement order under G.S. 130A-20 enforced by TRO (June 11, 2020) and preliminary injunction (July 10, 2020)","functions":[],"notes":"Records that \u0027The mass gathering prohibition in Order 141 nullified Ace\u0027s ability to hold economically feasible racing events\u0027 (para. 6), that the Secretary\u0027s Abatement Order found the speedway had \u0027operated openly in contradiction of the restrictions and recommendations in [Order 141]\u0027 and required closure and public notice of cancellation (para. 9), and that the Superior Court enforced the order by TRO and preliminary injunction (para. 10). Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://appellate.nccourts.org/opinions/?c=2\u0026pdf=41223","snapshot":"","fileExists":true,"fileBytes":180769,"grade":"primary","character":"adjudication","description":"","collection":"DUT-NC","url":"/library/DUT-NC-018","exhibitUrl":"/exhibit/DUT-NC-018","citation":"Court of Appeals of North Carolina, Kinsley v. Ace Speedway Racing, Ltd., 2022-NCCOA-524, No. COA21-428 (N.C. Ct. App. Aug. 2, 2022) (Ex. DUT-NC-018)","stateName":"North Carolina","related":["DUT-NC-017","DUT-NC-002"]}