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N.C. Supreme Court to hear lottery suit

Monday, September 8, 2008
(Updated 7:34 am)

RALEIGH (AP) — North Carolina's highest court will decide whether the Legislature approved properly a bill that created the state's education lottery.

State Supreme Court justices scheduled oral arguments Monday in a lawsuit originally filed by taxpayers who sued state and elected officials.

The plaintiffs have argued that the procedures used by House and Senate leaders to approve the legislation in 2005 violated the state constitution.State attorneys counter the lottery bill was passed properly. The state Court of Appeals ruled six months ago in favor of the state in a split decision.

The justices won't rule from the bench. It may be months before there is a decision.

If the taxpayers win the case, the Legislature may have to revote the lottery into law.

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