N.C. Bowling Proprietors Ass'n, Inc. v. Cooper ( 2020 )

No. 314PA20 TENTH JUDICIAL DISTRICT
SUPREME COURT OF NORTH CAROLINA
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NORTH CAROLINA BOWLING )
PROPRIETORS ASSOCIATION, INC. )
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v. ) From Wake County
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ROY A. COOPER, III, in his official capacity as )
the Governor of North Carolina )
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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superseded and replaced the provisions of Executive Order 141 challenged in this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 Since the challenged restriction in Executive Order 141 is no longer
in effect against plaintiff, we dismiss this appeal as moot, vacate the 7 July 2020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
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