The Charlotte Observer reports:

The North Carolina lottery scored a victory today when the state Supreme Court deadlocked over a suit challenging the way the games were established.

The court split 3-3 on the issue, with a seventh justice, Mark Martin, recusing himself from the case. The tie meant that a lower court’s decision, which dismissed a suit challenging the lottery, remains in place.

Several advocacy groups filed the suit leading to today’s action. The groups, including the Wake Taxpayers Association and North Carolina Fair Share, contended that legislation establishing the lottery was not properly passed in 2005.