Statement of Doubt: Isn’t there a lawsuit against the TIF process?
Response: This is true. Just recently, Bob Orr and the North Carolina Institute of Constitutional Law (NCICL) filed a lawsuit against the State of North Carolina regarding language in the 2004 Referendum approved by voters and ratified by the General Assembly in 2005 that allows for Tax-Increment Financing (TIF). Here are some points to consider:
- The lawsuit is probably politically motivated. The NCICL existed before the language on the 2004 ballot was approved. Why would it take a fully-staffed legal organization 3 years to come up with a complaint? Well, the fact that the head of the organization (Bob Orr) used that position to start running for governor might have something to do with it. (Note: after the TIF lawsuit, Bob Orr stepped down to devote more time to his run for Governor of North Carolina)
- Tax Increment Financing is Constitutional. Most states adopted this financing mechanism before North Carolina; but we came around in 2004 - with a majority of the voters state-wide approving it. Most local governments endorsed it - including Cabarrus County. On August 16, 2004, Commissioner Coy Privette made the motion to introduce a resolution endorsing the amendment. Supporters should contact him and thank him for such a thoughtful stand. Don’t just take my word for it - go read Article V Section 14 of the NC Constitution.
- More Information on This Is Available. I did a post on the whole TIF lawsuit fiasco. Click Here For More.
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