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Judge Throws Out Suit Challenging Lottery

Tuesday, March 21, 2006 6:43:37 PM
By EMERY P. DALESIO

 Tom Shaheen, executive director of the North Carolina Education Lottery, is shown explaining the use of lottery machines in a file photo from March 9, 2006, in Cary, N.C. Shaheen is a defendant in a lawsuit, which alleges that the new lottery is little more than a tax and should have been approved by the same procedures the state requires for new taxes, according to a lawyer representing several plaintiffs who have sued trying to block the games. (AP Photo/Karen Tam, File)RALEIGH, N.C. (AP) - A judge Tuesday dismissed a lawsuit challenging the constitutionality of the new North Carolina lottery, clearing the way for ticket sales to begin as scheduled next week.

State Superior Court Judge Henry Hight rejected arguments that the General Assembly illegally ignored procedures for establishing a tax when it pushed through the law creating the North Carolina Education Lottery last year.

The plaintiffs complained that the House and Senate each failed to hold two roll-call votes on separate days for the bill, as required for approving tax measures.


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