Orange County NC Website
Browse       Search
11 <br />information contains a record of every order filled by each pharmaceutical distributor, a review <br />of those orders would allow for a determination of how many suspicious orders were not flagged <br />by the distributors. <br />This lack of real -time monitoring and reporting by the distributors stripped the DEA of <br />their ability to timely identify, investigate, and prevent the diversion of the highly addictive <br />drugs at issue. <br />Il. North Carolina Counties Have Standing to Hold Wholesale Opioid Distributors <br />Accountable for Unlawful Distribution. <br />A. Nuisance Actions. <br />1. North Carolina Nuisance Law Specifically Imbues the Counties of <br />North Carolina with Authority to Bring Claims. <br />The Counties of North Carolina are granted statutory authority to maintain a nuisance <br />action for unlawful distribution of prescription drugs. Specifically: <br />Wherever a nuisance is kept, maintained, or exists, as defined in this Article, <br />the Attorney General, district attorney, county, municipality, or any private citizen <br />of the county may maintain a civil action in the name of the State of North <br />Carolina to abate a nuisance under this Chapter, perpetually to enjoin all <br />persons from maintaining the same, and to enjoin the use of any structure or <br />thing adjudged to be a nuisance under this Chapter; provided, however, that no <br />private citizen may maintain such action where the alleged nuisance involves the <br />illegal possession or sale of obscene or lewd matter. <br />N.C. Gen. Stat. Ann. § 19 -2.1. <br />These provisions grant the North Carolina Counties standing to pursue a public nuisance <br />action against wholesale drug distributors for violations of state and federal laws and regulations. <br />2. The Distribution of Opioids in Violation of North Carolina Laws <br />Constitutes a Public Nuisance. <br />The unlawful distribution of opioids in violation of state and federal laws constitutes a <br />nuisance under North Carolina law. <br />North Carolina County Opioid Litigation - Privileged and Confidential 8 <br />