Civitas President Francis De Luca’s Lawsuit Challenging the Smithfield Agreement Is Thrown Out | Triangulator | Indy Week
Pin It

Civitas President Francis De Luca’s Lawsuit Challenging the Smithfield Agreement Is Thrown Out 

On October 12, a Wake County judge ruled against a lawsuit filed last year by Francis De Luca, the president of the conservative Civitas Institute, over a 2000 settlement between Smithfield Foods and the state to fund a multimillion-dollar experiment to find more sustainable methods of disposing of hog waste. 

Filed last October, the lawsuit claimed that then-attorney general Roy Cooper had illegally diverted money from public schools.

The money at the center of the lawsuit was the result of the so-called Smithfield Agreement, in which former attorney general Mike Easley made a deal with pork giant Smithfield requiring the company to invest tens of millions of dollars into environmentally superior waste management technologies.

The dispute boiled down to whether the agreement constituted a state fine. If it did, then state law mandated that the proceeds should be put into the Civil Penalty and Forfeiture Fund and then routed to schools, rather than being dedicated to environmental improvements.

The state, however, countered that the agreement wasn't made in lieu of penalties or fines and wasn't triggered by an enforcement action.

De Luca's argument failed to sway Wake County Superior Court Judge Paul Ridgeway, who concluded that the plaintiffs, including De Luca, have "failed to meet their burden of establishing their own entitlement to judgement or to forecast the existence of facts that support their claim or that rises to the level of creating a genuine issue of fact."

Following the state's motion for summary judgment, De Luca's lawsuit was dismissed with prejudice

Comments

Subscribe to this thread:

Add a comment

INDY Week publishes all kinds of comments, but we don't publish everything.

  • Comments that are not contributing to the conversation will be removed.
  • Comments that include ad hominem attacks will also be removed.
  • Please do not copy and paste the full text of a press release.

Permitted HTML:
  • To create paragraphs in your comment, type <p> at the start of a paragraph and </p> at the end of each paragraph.
  • To create bold text, type <b>bolded text</b> (please note the closing tag, </b>).
  • To create italicized text, type <i>italicized text</i> (please note the closing tag, </i>).
  • Proper web addresses will automatically become links.

Latest in Triangulator



Twitter Activity

Comments

"When Mexico sends its people, they're not sending their best. ... They're sending people that have lots of problems, and …

by Tryan Banme on A History of Donald Trump’s Racism, Abridged (Triangulator)

"Computer-driven vehicles? Really? We've been saying that for the last 30 years."

?! The hardware for a fully autonomous …

by Mark Bahner on Environmentalists Aren’t Happy About the NCDOT’s Plan to Finish the I-540 Beltway (Triangulator)

Most Recent Comments

"When Mexico sends its people, they're not sending their best. ... They're sending people that have lots of problems, and …

by Tryan Banme on A History of Donald Trump’s Racism, Abridged (Triangulator)

"Computer-driven vehicles? Really? We've been saying that for the last 30 years."

?! The hardware for a fully autonomous …

by Mark Bahner on Environmentalists Aren’t Happy About the NCDOT’s Plan to Finish the I-540 Beltway (Triangulator)

Computer-driven vehicles? Really? We've been saying that for the last 30 years.

And even if that managed to come …

by Mark Neill on Environmentalists Aren’t Happy About the NCDOT’s Plan to Finish the I-540 Beltway (Triangulator)

It's a very bad time to do any transportation project that is capital-intensive and long-term. The reason is that computer-driven …

by Mark Bahner on Environmentalists Aren’t Happy About the NCDOT’s Plan to Finish the I-540 Beltway (Triangulator)

Seriously? Time for opposers to get their heads out of the sand and see that Raleigh's growth is blowing up. …

by Granted on Environmentalists Aren’t Happy About the NCDOT’s Plan to Finish the I-540 Beltway (Triangulator)

© 2018 Indy Week • 320 E. Chapel Hill St., Suite 200, Durham, NC 27701 • phone 919-286-1972 • fax 919-286-4274
RSS Feeds | Powered by Foundation