N.C. Bowling Proprietors Ass'n, Inc. v. Cooper

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No. 314PA20 TENTH JUDICIAL DISTRICT SUPREME COURT OF NORTH CAROLINA **************** NORTH CAROLINA BOWLING PROPRIETORS ASSOCIATION, INC. v. ROY A. COOPER, III, in his official capacity as the Governor of North Carolina ) ) ) ) ) ) ) ) ) From Wake County **************** ORDER Plaintiff has filed a lawsuit questioning the authority of defendant Governor Roy Cooper to enforce section 8(A) of Executive Order 141 against plaintiff, the North Carolina Bowling Proprietors Association, and its 75 member entertainment facilities. See Exec. Order 141, § 8(A) (May 20, 2020). The trial court entered an interlocutory order granting a preliminary injunction on 7 July 2020 (preliminary injunction order). Defendant sought a stay of the order and its review, and this Court allowed both the stay and review. Defendant recently issued an executive order that superseded and replaced the provisions of Executive Order 141 challenged in this case. See Exec. Order 163, § 6(8) (Sept. 1, 2020). Executive Order 163 allows bowling centers to resume operations under certain specified safety protocols. See id. § 6(8)(b)(i)–(xi). Since the challenged restriction in Executive Order 141 is no longer in effect against plaintiff, we dismiss this appeal as moot, vacate the 7 July 2020 preliminary injunction order, and remand to Superior Court, Wake County. By order of the Court in Conference, this the 25th day of September, 2020. s/Davis, J. For the Court WITNESS my hand and the seal of the Supreme Court of North Carolina, this the 25th day of September, 2020. AMY L. FUNDERBURK Clerk of the Supreme Court of North Carolina s/Amy L. Funderburk Assistant Clerk -2-