~ FifeNo.

STATE OF NORTH CAROLINA
WAKE

15 CVS 9591

County
'

Name And Address Of Plaintiff 1

. -·

"'

·---

THE NEWS AND OBSERVER PUBLISHING COMP ANY

r 'r:

~ . J

.

-

In The General Court Of Justice
District [RJ Superior Court Division

GENERAL
r: ~IVIL ACTION COVER SHEET
D·: INITIAL
FILING
[RJ SUBSEQUENT FILING

'

Name And Address Of Plaintiff 2

THE CHARLOTTE OBSERVER PUBLISHING COMPANY

D

Rule 5(b), General Rules of Practice For Superior and District Courts
Name .And Address Of Attorney Or Party, If Not Represented (complete for initial
appearance or change of address)

David C. Wright, III and Andrew A. Kasper
101 North Tryon Street, Suite 1900
Charlotte, North Carolina

VERSUS
Name Of Defendant 1

PAT McCRORY, as Governor of North Carolina

Telephone No.

I

NC Attorney Bar No.

Attorney E-Mail Address

dwright(a)rbh.com; akasper(a)rbh.com

11161; 44515
Summons Submitted

O Yes [8] No

[8J

I

Cellular Telephone No.

704.377.2536

I D Change of Address

Initial Appearance in Case

Name Of Defendant 2

Name Of Firm

JOHN E. SKY ARLA, III, as Secretary of the North Carolina
Department of Commerce

Robinson, Bradshaw & Hinson, P.A.
FAX No.
Counsel for

0

Summons Submitted

All Plaintiffs

l&J All Defendants 0

Only (fist party(ies) represented)

0Yes!Rl No

0
0

D
D

Jury Demanded In Pleading
Complex Litigation

I

TYPE OF PLEADING

(check all that apply)

D
D
D
D

I

(check all that apply)

Amend (AMND)

D

Failure To State A Claim (FASC)

Amended Answer/Reply (AMND-Response)

D
D
D
D
D
D
D
D
D
D

Implementation Of Wage Withholding In Non-IV-D Cases (OTHR)

Amended Complaint (AMND)
Assess Costs (COST)

~ Answer/Reply (ANSW-Response) (see Note)

D
D
D
D
D
D
D
D
D
0
D
D
0
D
0

Amount in controversy does not exceed $15,000
Stipulate to arbitration

Change Venue (CHVN)
Complaint (COMP)
Confession Of Judgment (CNJF)
Consent Order (CONS)
Consolidate (CNSL)
Contempt (CN TP)
Continue (CNTN)
Compel (CMPL)
Counterclaim (CTCL) Assess Court Costs
Crossclaim (list on back) (CRSS) Assess Court Costs
Dismiss (DISM) Assess Court Costs
Exempt/Waive Mediation (EXMD)
Extend Statute Of Limitations, Rule 9 (ESOL)
Extend Time For Complaint (EXCO)
Failure To Join Necessary Party (FJNP)

0
0
0
0
0
0

Improper Venue/Division (IMVN)
Including Attorney's Fees (ATTY)
Intervene (INTR)
lnterplead (OTHR)
Lack Of Jurisdiction (Person) (LJPN)
Lack Of Jurisdiction (Subject Matter) (LJSM)
Modification Of Child Support In IV-D Actions (MSUP)
Notice Of Dismissal With Or Without Prejudice (VOLD)
Petition To Sue As Indigent (OTHR)
Rule 12 Motion In Lieu Of Answer (MOLA)
Sanctions (SANC)
Set Aside (OTHR)
Show Cause (SHOW)
Transfer (TRFR)
Third Party Complaint (list Third Party Defendants on back) (TPCL)

D

Vacate/Modify Judgment (VCMD)

0
D

Other (specify and list each separately)

Withdraw As Counsel (WDCN)

NOTE: All filings in civil acn·ons shall include as the first page of the fifing a cover sheet summarizing the critical elements of the filing in a format prescribed by the Administrative
Office of the Courts, and the Clerk of Superior Court shall require a party to refile a filing which does not include the required cover sheet. For subsequent filings in civil
actions, the filing party must either include a General Civil (AOC-CV-751), Motion (AOC-CV-752), or Court Action (AOC-CV-753) cover sheet.
AOC-CV-751 , Rev. 1/14

© 2014 Administrative Office of the Courts

(Over)

'

 I
0

Administrative Appeal (ADMA)

0

Appointment Of Receiver (APRC)

0

AttachmenUGarnishment (ATIC)

0

Medical Malpractice (MDML)

D
D
D
D
0
0

Claim And Delivery (CLMD)

D
D
D
D
0
0

Minor Settlement (MSTL)

Collection On Account (ACCT)
Condemnation (CNDM)
Contract (CNTR)
Discovery Scheduling Order (DSCH)
Injunction (INJU)

I

CLAIMS FOR RELIEF
0

Limited Driving Privilege - Out-Of-State
Convictions (PLOP)

0

Product Liability (PROD)

0

Real Property (RLPR)

D Specific Performance (SPPR)
D Other (specify and list each separately)

Money Owed (MNYO)
Negligence - Motor Vehicle (MVNG)
Negligence - Other (NEGO)
Motor Vehicle Lien G.S. 44A (MVLN)
Possession Of Personal Property (POPP)
/\

/

!~~"°?/:: w~AY~

Date

September 25, 2015

FEES IN ~.s. 7A-308 AePLY
Assert Right Of Access (ARAS)
Substitution Of Trustee (Judicial Foreclosure) (RSOT)
Supplemental Procedures (SUPR)

"

~ ()i>r{J
I

v

eRo HAC VICE FEES AeeL.Y
Motion For Out-Of-State Attorney To Appear In NC Courts In A Civil Or Criminal Matter (Out-Of-State Attorney/Pro Hae
Vice Fee)
No. [gj Additional Plaintiff(s)
CAPITOL BRADCASTING COMP ANY, INCORPORATED
BONEY PUBLISHERS d//b/a THE ALAMANCE NEWS
THE SOUTHERN ENVIRONMENTAL LAW CENTER
ZM INDY, INC. d/b/a INDY WEEK
MEDIA GENERAL OPERATIONS, INC., et al.

No.

[gj Additional Defendant(s)

0

Third Party Defendant(s)

Summons
Submitted

DONALD R. VAN DER VAART, as Secretary of the NC Department of Environmental Quality

0Yes

[g) No

RICHARD 0. BRAJER, as Secretary of the NC Department of Health and Human Services

0Yes

[8J

FRANKL. PERRY, as Secretary of the NC Department of Public Safety

0Yes

[8J No

WILLIAM G. DAUGHTRIDGE, JR., as Secretary of the NC Department of Administration

OYes

[8J

No

NICHOLAS J. TENNYSON, as Secretary of the NC Department of Transportation, et al.

0Yes

[8J

No

Plaintiff(s) Against Whom Counterclaim Asserted

Defendant(s) Against Whom Crosse/aim Asserted

AOC-CV-751, Side Two, Rev. 1/14

© 2014 Administrative Office of the Courts

No

 STATE OF NORTH CAROLINA
COUNTY OF WAKE

THE NEWS AND OBSERVER
PUBLISHING COMPANY; THE
CHARLOTTE OBSERVER PUBLISHING
COMPANY; CAPITOL BROADCASTING
COMPANY, IN CORPORATED; BONEY
PUBLISHERS d/b/a THE ALAMANCE
NEWS; THE SOUTHERN
ENVIRONMENTAL LAW CENTER; ZM
INDY, INC. d/b/a INDY WEEK; MEDIA
GENERAL OPERA TIO NS, INC., and THE
NORTH CAROLINA JUSTICE CENTER
d/b/a NC POLICY WATCH,

IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO.: 15 CVS 9591

'.'')

Plaintiffs,

v.
PAT McCRORY, as Governor of North
Carolina; JOHN E. SKVARLA, III, as
Secretary of the North Carolina Department
of Commerce; DONALD R. VAN DER
VAART, as Secretary of the North Carolina
Department of Environmental Quality;
RICHARD 0. BRAJER, as Secretary of the
North Carolina Department of Health and
Human Services; FRANKL. PERRY, as
Secretary of the North Carolina Department
of Public Safety; WILLIAM G.
DAUGHTRIDGE, JR., as Secretary of the
North Carolina Department of
Administration; NICHOLAS J.
TENNYSON, as Secretary of the North
Carolina Department of Transportation;
SUSAN W. KLUTTZ, as Secretary of the
North Carolina Department of Natural and
Cultural Resources; and LYONS GRAY, as
Secretary of the North Carolina Department
of Revenue,
Defendants.

ANSWER TO
AMENDED COMPLAINT

 Defendants Patrick L. McCrory, in his official capacity as Governor of North Carolina
("Governor McCrory"); John E. Skvarla, III ("Secretary Skvarla"), in his official capacity as
Secretary of the North Carolina Department of Commerce ("DOC"); Donald R. van der V aart
("Secretary van der Vaart"), in his official capacity as Secretary of the North Carolina
Department of Environment al Quality; Richard 0. Brajer ("Secretary Brajer"), in his official
capacity as Secretary of the North Carolina Department of Health & Human Services ("DHHS");
Frank L. Perry ("Secretary Perry"), in his official capacity as Secretary of the North Carolina
Department of Public Safety ("DPS"); William G. Daughtridge ("Secretary Daughtridge"), in his
official capacity as Secretary of the North Carolina Department of Administration ("DOA");
Nicholas J. Tennyson ("Secretary Tennyson"), in his official capacity as the Secretary of the
North Carolina Department of Transportation ("DOT"); Susan W. Kluttz ("Secretary Kluttz"), in
her official capacity as Secretary of the Department of Natural & Cultural Resources; and Lyons
Gray ("Secretary Gray"), in his official capacity as Secretary of the North Carolina Department
of Revenue ("DOR"), by and through their undersigned attorneys, answer Plaintiffs' Amended
Complaint, as follows:
THE PLAINTIFFS
1.

Admitted upon information and belief.

2.

Admitted upon information and belief.

3.

Admitted upon information and belief.

4.

Admitted upon information and belief.

5.

Defendants admit that the Southern Environmental Law Center, Inc. ("SELC") is

a domestic nonprofit corporation with a registered office in Chapel Hill, North Carolina and that
SELC maintains a website at www.southemenvironment.org. Defendants are without

-2-

 knowledge and information sufficient to form a belief as to the truth of the remaining allegations
contained in Paragraph 5 and the same are therefore denied.
6.

Admitted upon information and belief.

7.

Admitted upon information and belief.

8.

Defendants admit that North Carolina Justice Center is a domestic nonprofit

corporation that maintains a website at www.ncpolicywatch.com ("NC Policy Watch").
Defendants are without knowledge and information sufficient to form a belief as to the truth of
the remaining allegations contained in Paragraph 8 and the same are therefore denied.
9.

Defendants are without knowledge and information sufficient to form a belief as

to the truth of the allegations contained in Paragraph 9 and the same are therefore denied.
THE DEFENDANTS

10.

Admitted.

11.

Admitted.

12.

Defendants deny that Secretary van der Vaart is the Secretary of the Department

of Environment & Natural Resources ("DENR"). Effective July 1, 2015, DENR was renamed
the Department of Environmental Quality ("DEQ"). Secretary van der Vaart is Secretary of
DEQ.
13 .

Defendants deny that Dr. Aldona Z. Wos ("Dr. Wos") is Secretary ofDHHS.

Governor McCrory appointed Secretary Brajer as Secretary of DHHS on August 14, 2015,
replacing Dr. Wos.
14.

Admitted.

15.

Admitted.

16.

Defendants deny that Anthony J. Tata ("General Tata") is Secretary of DOT.

-3-

 Governor McCrory appointed Secretary Tennyson as Secretary of DOT on August 6, 2015,
replacing General Tata.
17.

Defendants deny that Secretary Kluttz is the Secretary of the Department of

Cultural Resources ("DCR"). Effective July 1, 2015, DCR was renamed the Department of
Natural & Cultural Resources ("DNCR"). Secretary Kluttz is Secretary of DNCR.
18.

Admitted.

19.

Defendants admit that Secretary Skvarla, Secretary van der Vaart, Secretary

Brajer, Secretary Perry, Secretary Daughtridge, Secretary Tennyson, Secretary Kluttz, and
Secretary Gray were appointed to their respective official positions by Governor McCrory and
serve at his pleasure. Defendants admit that Secretary Skvarla, Secretary van der Vaart,
Secretary Brajer, Secretary Perry, Secretary Daughtridge, Secretary Tennyson, Secretary Kluttz,
and Secretary Gray are the custodians of Public Records in the possession or control of their
respective departments. Defendants further admit that the Office of the Governor established a
Public Records Request Policy to be followed by the Office of the Governor and cabinet
agencies in responding to Public Records requests. "Public Records" as used in this Answer
shall mean: all items defined in N.C. Gen. Stat.§ 132-1 that (i) are not excluded from the
definition of a "public record" under or pursuant to any law, (ii) are not confidential, or
otherwise excluded from disclosure, under or pursuant to any law, or (iii) are not subject to any
applicable privilege. Except as admitted, the allegations contained in Paragraph 19 are denied.
20.

The allegations in Paragraph 20 quote statutory language and therefore do not

require a response.
21.

Defendants admit that Paragraph 21 quotes Section 132-l(b) of the North

Carolina General Statutes. Any remaining allegations in Paragraph 21 constitute legal

-4-

 conclusions and therefore do not require a response. To the extent a response is required to any
remaining allegations in Paragraph 21, the allegations are denied.
22.

The allegations in both Paragraphs 22 quote statutory language and therefore do

not require a response.
23.

The allegations in Paragraph 23 quote statutory language and therefore do not

require a response.
24.

Defendants deny the allegations in Paragraph 24 and all subparts of Paragraph 24.

Defendants have regularly and repeatedly complied with the Public Records Law, N.C. Gen.
Stat. §§ 13 2-1 to -10, by responding to thousands of public records requests. In response to these
requests, Defendants have produced, for copying and inspection, tens of thousands of Public
Records. Defendants regularly receive requests requiring review of thousands of emails and
documents. The requests are often extremely broad. Many times such requests are made without
regard to the burden placed on taxpayer resources, the amount of time and energy it takes to
identify responsive records, and the time it takes to review each record to ensure that information
protected by law is not released inadvertently.
25.

Defendants deny the allegations in Paragraph 25 and all subparts of Paragraph 25.

26.

Denied. Defendants have regularly and repeatedly complied with the Public

Records Law by responding to thousands of requests for Public Records.
26(a). Defendants admit that on November 8, 2013, Plaintiff ZM Indy, Inc. d/b/a
Indy Week ("Indy Week") requested "all public records of the Governor's travel since he took
office." Defendants admit that on February 9, 2015, WRAL, an affiliate of Plaintiff Capitol
Broadcasting Company, Inc. ("WRAL"), requested "access to and copies of travel records for
Gov. Pat McCrory for the 2014 calendar year." The Office of the Governor undertook a

-5-

 reasonable search for and has produced, to the best of its knowledge, all Public Records
responsive to the Indy Week's November 8, 2013 request. The Office of the Governor
undertook a reasonable search for and has produced, to the best of its knowledge, all Public
Records responsive to WRAL's February 9, 2015 request. Except as admitted, the allegations
contained in Paragraph 26(a) are denied.
26(b). Defendants admit that Plaintiff The News & Observer Publishing
Company ("The News & Observer") requested "copies of all written correspondence between
staff members of Gov. McCrory's administration and city officials regarding the Dorothea Dix
property." Defendants admit that on August 26, 2014, WRAL requested "written
correspondence related to the negotiations over the Dorothea Dix property." Defendants admit
that DOA undertook a reasonable search for and has produced, to the best of its knowledge, all
Public Records responsive to The News & Observer's request. Defendants admit that DOA
undertook a reasonable search for and has produced, to the best of its knowledge, all Public
Records responsive WRAL's August 26, 2014 request. Except as admitted, the allegations
'

contained in Paragraph 26(b) are denied.
26(c). Defendants admit that on April 22, 2014, SELC requested to "inspect
records in the possession or control of the Governor's office that in any way relate to
communications regarding implementation of any provision of the Strategic Transportation
Investments ("STI") law (House Bill 817) between July 2013 and the present." Defendants
admit that the Office of the Governor undertook a reasonable search for and has produced, to the
best of its knowledge, all Public Records responsive to SELC' s April 22, 2014 request. Except
as admitted, the allegations contained in Paragraph 26(c) are denied.
26(d). Defendants admit that on January 13, 2014, SELC requested "access to all

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 records in the possession, custody, or control of [DOT] that in any way related to the I-77 High
Occupancy/Toll Lanes Project (TIP# 1-2211 C, 1-5404, and I-4750AA)." Defendants further
admit that DOT undertook a reasonable search for and has produced, to the best of its
knowledge, all Public Records responsive to SELC's January 13, 2014 request. Except as
admitted, the allegations contained in Paragraph 26(d) are denied.
26(e). Defendants admit that on May 30, 2014, WRAL requested "access to and
copies of all emails to and from the governor's office from Jan. 1, 2014, to present mentioning
Attorney General Roy Cooper (and all variations) or the State Bureau of Investigation (and all
variations), including all attachments." Defendants further admit that the Office of the Governor
undertook a reasonable search for and has produced, to the best of its knowledge, all Public
Records responsive WRAL's May 30, 2014 request. Except as admitted, the allegations
contained in Paragraph 26( e) are denied.
26(f). Defendants admit that on April 22, 2013 , SELC requested "copies of all
records in the possession, custody, or control of the Governor's office that in any way relate to
the projection of new projects and jobs expected to result if the proposed Strategic Mobility
Formula is implemented." Defendants further admit that the Office of the Governor undertook a
reasonable search for and has produced, to the best of its knowledge, all Public Records
responsive to SELC's April 22, 2013 request. Except as admitted, the allegations contained in
Paragraph 26(f) are denied.
26(g). Defendants admit that on October 18, 2013, SELC requested to "inspect
all records related to Martin Marietta Materials' proposed limestone quarry near Vanceboro,
North Carolina." Defendants admit that DENR undertook a reasonable search for and collected
for inspection, to the best of its knowledge, all Public Records responsive to SELC's October 18,

-7-

 2013 request. Defendants admit that, pursuant to the Public Records Request Policy, DENR
assessed SELC a service fee to collect and prepare for inspection Public Records responsive to
SELC' s October 18, 2013 request. Defendants further admit that SELC inspected Public
Records responsive to SELC's October 18, 2013 request. Except as admitted, the allegations
contained in Paragraph 26(g) are denied.
26(h). Defendants admit that SELC requested to inspect records related to two
proposed wood pellet storage facilities. Defendants admit that DOT undertook a reasonable
search for and collected for inspection, to the best of its knowledge, all Public Records
responsive to SELC's request. Defendants admit that DOT did not assess SELC a fee for
collecting and preparing for inspection the Public Records responsive to SELC's request.
Defendants further admit that SELC inspected Public Records responsive to SELC's request.
Except as admitted, the allegations contained in Paragraph 26(h) are denied.
26(i). Defendants admit that on August 23, 2013, NC Policy Watch requested
certain records related to salary freezes and increases for DHHS employees. Defendants admit
that DHHS received a follow-up inquiry regarding the August 23, 2013 request on December 30,
2013. Defendants further admit that DHHS records show that the request was closed on
October 1, 2013. Except as admitted, DHHS is without knowledge and information sufficient to
form a belief as to the truth of the allegations contained in Paragraph 26(i) and the same are
therefore denied.
26(j). Defendants admit that Plaintiff The Charlotte Observer Publishing
Company ("The Charlotte Observer") requested a database maintained by DHHS' Office of the
State Medical Examiner ("OSME") of every death investigated by state medical examiners.
Defendants admit that DHHS undertook a reasonable search for and has produced, to the best of

- 8-

 its knowledge, all Public Records responsive to The Charlotte Observer's request. Except as
admitted, the allegations contained in Paragraph 26(j) are denied.
26(k). Defendants admit that on November 13, 2013, The Charlotte Observer
requested records from OSME related to an autopsy performed on a Cumberland County
homicide victim. Defendants admit that DHHS undertook a reasonable search for and has
produced, to the best of its knowledge, all Public Records responsive to The Charlotte
Observer's November 13, 2013 request. Except as admitted, the allegations contained in
Paragraph 26(k) are denied.
26(1). Defendants admit that on December 30, 2013, NC Policy Watch requested
certain records related to travel by Governor McCrory and former Governor Beverly E. Perdue.
Defendants admit that DOT undertook a reasonable search for and has produced, to the best of
its knowledge, all Public Records responsive to NC Policy Watch' s December 30, 2013 request.
Except as admitted, the allegations contained in Paragraph 26(1) are denied.
26(m). Defendants admit that on July 11, 2014, Plaintiff Boney Publishers d/b/a
The Alamance News ("The Alamance News") requested to "examine and inspect applications
submitted to [DOC] by the Alamance County Area Chamber of Commerce since July 31, 2009
regarding any economic development incentives packages on behalf of Alamance County or any
of its municipalities" and "to examine and inspect all other public documents made or received
by [DOC] during this same time frame relative to inquiries about situating a business or industry
in Alamance County or any of its municipalities, or offers from the state to assist in such a
location or relocation." Defendants admit that DOC undertook a reasonable search for and has
produced, to the best of its knowledge, all Public Records responsive The Alamance News' July
11, 2014 request. Except as admitted, the allegations contained in Paragraph 26(m) are denied.

-9-

 27.

Denied.

FIRST AFFIRMATIVE DEFENSE
Plaintiffs do not state a claim for which relief can be granted.

RESERVATION OF ADDITIONAL DEFENSES
Defendants reserve their right to assert additional affirmative defenses as discovery
warrants and to the extent permitted by law.
This 25th day of September 2015.

~{!, W611_/aZ
Robert C. Stephens, Jr.
General Counsel to the Governor
N.C. Bar No. 4150
bob.stephens@nc.gov
Jonathan R. Harris
Deputy General Counsel
N.C. Bar No. 39739
jonathan.harris@nc.gov
Lindsey E. Wakeley
Deputy General Counsel
N.C. Bar No. 43274
lindsey. wakeley@nc.gov
OFFICE OF GENERAL COUNSEL
20301 Mail Service Center
Raleigh, North Carolina 27699
Telephone: (919) 733-9080
Facsimile: (919) 733-2120

Attorneys for Governor McCrory

-.aYidCWlight,In

N.C. Bar No. 11161
dwright@rbh.com

~ C) ~

Andrew A. Kasper
N.C. Bar No. 44515
akasper@rbh.com
ROBINSON BRADSHAW & HINSON, P.A.
101 North Tryon Street, Suite 1900
Charlotte, North Carolina 28246
Telephone:
704.377.2536
Facsimile:
704.378.4000
Robert F. Orr
N.C. Bar No. 6798
bob@csedlaw.com
CAMPBELL SHATLEY, PLLC
674 Merriman Avenue, Suite 210
Asheville, NC 28804
Telephone:
828.398.2775
Facsimile:
828.298.2795

Attorneys for Defendants

- 10 -

 CERTIFICATE OF SERVICE
I hereby certify that the foregoing ANSWER has been served on the following counsel of
record as indicated:
Hugh Stevens
Stevens Martin Vaughn & Tadych, PLLC
1101 Haynes Street, Suite 100
Raleigh, NC 27604

Kimberley Hunter
Southern Environmental Law Center
601 West Rosemary Street, Suite 220
Chapel Hill, NC 27516

C. Amanda Martin
Stevens Martin Vaughn & Tadych, PLLC
1101 Haynes Street, Suite 100
Raleigh, NC 27604

Douglas William Hendrick
Southern Environmental Law Center
601 West Rosemary Street, Suite 220
Chapel Hill, NC 27516

Michael J. Tadych
Stevens Martin Vaughn & Tadych, PLLC
1101 Haynes Street, Suite 100
Raleigh, NC 27604

Carlene McNulty
North Carolina Justice Center
224 South Dawson Street
P.O. Box 28068
Raleigh, NC 27611

This 25th day of September, 2015

~CltJ~fd ~
David C. Wright, III

~

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