The COVID Project
The record
- Jurisdiction
- North Carolina
- Level
- Court
- Authority
- Appeal from Alamance County Superior Court, No. 20 CVS 1001
- Issued
- 2022-08-02 Aug. 2, 2022
- Effective
- 2022-08-02
- End
- n/a (judicial opinion; affirmed by Ex. DUT-NC-017)
- In force
- Aug. 2, 2022 (no end date recorded; counted as in force for 120 days)
- Limitation types
- Business closureGathering capOther
- Addressees
- specified businesses (an outdoor racetrack); venues subject to the mass-gathering restrictions
- Character
- adjudication
- Collection
- Standing duties: North Carolina DUT-NC
Operative words
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's mass gathering restrictions.... [the court] "enjoined [Ace] from taking any action to conduct or facilitate a stock car race or other mass gathering at ACE Speedway[.]"
Penalty
As recited: abatement order under G.S. 130A-20 enforced by TRO (June 11, 2020) and preliminary injunction (July 10, 2020)
What it required
Records that 'The mass gathering prohibition in Order 141 nullified Ace's ability to hold economically feasible racing events' (para. 6), that the Secretary's Abatement Order found the speedway had 'operated openly in contradiction of the restrictions and recommendations in [Order 141]' 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).
Retrieval noteThe Court of Appeals held the speedway adequately pleaded its constitutional counterclaims; the Supreme Court affirmed (Ex. DUT-NC-017). its terms are taken from the opinion's quotations.