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August Hearing Set In Lawsuit Pitting Forest Against Cooper

RALEIGH — A hearing has been scheduled for next month in litigation from Republican Lt. Gov. Dan Forest challenging several COVID-19 restrictions issued by Democratic Gov. Roy Cooper.

State Judge James Gale on Tuesday set Aug. 4 as the date for arguments before him.

Forest sued the governor three weeks ago, saying a half-dozen executive orders that Cooper's issued during the pandemic should be voided because the Council of State didn't sign off on them. Some orders shuttered businesses and mandated face coverings in public places.

Forest, who is trying to unseat Cooper in the November election, wants Gale to block the enforcement of the orders while the case goes to trial. Cooper has said he followed the law while making health and safety decisions.

In different litigation, the state Supreme Court on Tuesday suspended Gale's July 7 decision that had allowed several dozen bowling alleys to reopen while the judge's ruling is appealed.

Gale overturned Cooper's executive order that had kept the lanes closed. The judge agreed with a trade association that Cooper wrongly treated its members differently than other businesses the governor let reopen.

The Supreme Court issued last week a temporary stay on Gale's order that Cooper's state attorneys sought. Tuesday's decision essentially extended that stay.

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