Opinion

Swanson v. State

  • 330 N.C. 390
  • 410 S.E.2d 490
  • 1991 N.C. LEXIS 793
Court
Supreme Court of North Carolina
Filed
Dec 6, 1991
Status
Published
Author
Mitchell
On the bench
Webb, Exum, Mitchell, Frye
Cited by
8 cases
Authority
More cited than 6.8%

The opinion

Justice Mitchell

dissenting.

For reasons fully explained in my dissent from the previous decision and opinion of the majority of this Court in this case, I continue to believe that Davis v. Michigan Dept. of Treasury, 489 U.S. 803 , 103 L. Ed. 2d 891 (1989) is fully retroactive and that the taxpayer-plaintiffs are entitled to its benefits. Swanson v. State of North Carolina, 329 N.C. 576, 586-89 , 407 S.E.2d 791, 796-97 (1991) (Mitchell, J., dissenting, joined by Exum, C.J., and Frye, J.). For that reason, I continue to dissent from the result reached by the majority.

Justice FRYE joins in this dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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