McCrory v. Berger – Regulatory Reform
North Carolina Supreme Court – 5/4/15
The NFIB Legal Center joined a coalition brief over whether the legislature has the power to appoint members of certain commissions or whether the governor has sole authority. The case started when the General Assembly created the Coal Ash Commission to oversee cleanup of the state’s coal ash ponds. The legislature appointed six of the commission’s nine members. Governor McCrory has argued that those appointments encroached on “core executive branch functions” and therefore violated the constitutional separation of powers. The business groups, including NFIB, have argued that it’s within the legislature’s constitutional authority to appoint members to commissions.
Nies v. Town of Emerald Isle, NC – Property Rights (public trust / takings)
U.S. Supreme Court
In this case a family contests the constitutionality of a legislative enactment purporting to confer rights on the public to traverse across their beachfront property. NFIB Small Business Legal Center joined with other concerned organizations in urging the U.S. Supreme Court to grant certiorari to hear this case. NFIB’s amicus brief emphasized that the case presented an important question of fundamental importance for landowners, as to whether a state may define property rights out of existence through prospective legislation.
Status: PENDING. Amicus brief filed 5/30/17.
Stephenson v. Pfizer – Employment
U.S. Court of Appeals for the Fourth Circuit – 5/11/15
The appellate court is being asked to determine whether the plaintiff’s requested accommodation of a full-time drive was a reasonable accommodation under the Americans with Disabilities Act. The Legal Center argued in its brief that such an accommodation is not required.
If you have a case that impacts small business, please contact us at 1-800-552-NFIB or email us at [email protected] as we are actively looking for opportunities to weigh in on important issues in this state. NFIB Small Business Legal Center is involved in many cases that impact this state and others; to see our complete list of Supreme Court cases click on Washington, DC on the interactive map.