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NC court dumps speedway's suit over $80M deal
Legal Focuses | 2013/10/04 13:58
A North Carolina court says it will not revive a lawsuit from one of the country's largest auto racing track operators which says local officials reneged on millions of dollars in tax breaks for a new drag strip.

A three-judge state Court of Appeals panel ruled Tuesday against Speedway Motorsports Inc. and Charlotte Motor Speedway, which sued Cabarrus County.

The companies had threatened to move the 135,000-seat speedway and build a new drag strip somewhere other than the Charlotte region unless they got the tax breaks. They say they decided to build the drag strip and upgrade the speedway after an oral agreement for $80 million in tax breaks.

The appeals court says there was no binding contract since nothing was put in writing until after the drag strip opened.



Butte man pleads guilty in overdose death
Legal Focuses | 2013/09/30 15:57
A 20-year-old Butte man has pleaded guilty to a selling a prescription narcotic patch to a man who died of an overdose.

The U.S. Attorney's Office says Dacota Robert Rogers pleaded guilty to distribution of Fentanyl during a hearing Friday before U.S. District Judge Sam Haddon in Helena. Sentencing is set for Feb. 21.

Court records say Rogers told investigators that he sold the victim the patch for $35 last December and showed him how to smoke it. The man died of an overdose on Dec. 8.

Fentanyl is a synthetic opiate used to manage moderate to severe pain for patients who don't get enough relief from morphine or oxycodone.


Appeals court panel considers TABOR challenge
Legal Focuses | 2013/09/25 11:59
Colorado is asking the federal courts to stay out of a dispute about whether its strict tax and spending limits has robbed the state of a republican form of government.

In arguments Monday, state Solicitor General Daniel Domenico told a three-judge panel of the 10th U.S. Circuit Court of Appeals that lawmakers still have the ability to ask voters to approve a tax increase if they think one is needed under the Taxpayer's Bill of Rights.

"Just because it's a little bit harder doesn't make it unrepublican," he said of the referendum needed to raise taxes under TABOR.

Domenico said that if lawmakers tried and failed to win a tax increase, they might have a case. But he also argued that courts haven't gotten involved in enforcing the provision in the U.S. Constitution guaranteeing a republic — or representative democracy — to the states, leaving that to Congress instead.


Calif. court date reset for ex-Nevada assemblyman
Legal Focuses | 2013/09/18 15:43
Trial has been delayed in California for a former Las Vegas-area lawmaker facing felony and misdemeanor charges stemming from a high-speed freeway chase and fight with police the same day he was expelled from the Nevada Assembly.

A Friday pretrial hearing was reset to Sept. 27 in Victorville for Steven John Brooks II, 41, according to San Bernardino County Superior Court records.

Prosecutor Shannon Flaherty said Brooks has a new lawyer who sought time to become familiar with the case.

The attorney Sean O'Connor didn't immediately respond Friday to a message.

Brooks pleaded not guilty Aug. 6 to felony charges of evading and obstructing an officer and throwing a substance at a police vehicle, and a misdemeanor charge of harming a police animal. He could face more than five years in prison if he's convicted of all charges.

He is being held on $100,000 bail at the San Bernardino County jail in San Bernardino.

Brooks was a second-term Democrat from North Las Vegas when he became the first state lawmaker ever expelled from the Nevada Legislature on March 28. Colleagues called him a security threat.

Brooks was arrested hours later after allegedly leading police on an 80-mph chase on Interstate 15 from Barstow to Victorville, fighting with officers trying to subdue him at gunpoint, and attacking a police dog with a wrench.


Seegel Lipshutz & Wilchins
Legal Focuses | 2013/02/05 07:20
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