EDWARDS v. MORROW

No. COA11-754.

725 S.E.2d 366 (2012)

Benjamin EDWARDS and Lynn Owens, Owners of "Live"; George Beaman, Owner of "Club 519", "5 Street Distillery" and "Mac Billiards", Petitioners, v. Pitt County Health Director, John H. MORROW, Respondent.

Court of Appeals of North Carolina.

March 20, 2012.


Attorney(s) appearing for the Case

Owens, Nelson, Owens & Dupree, PLLC, Greenville, by Jonathan Vann Bridgers , for Petitioners.

Ferguson Stein Chambers Gresham & Sumter, PA, Chapel Hill, by Adam Stein , for Respondent.

Wyrick Robbins Yates & Ponton LLP, Raleigh, by K. Edward Greene and Tobias S. Hampson , for Amici American Heart Association, American Lung Association, American Cancer Society and American Cancer Society Action Network, Americans for Nonsmokers' Rights, Tobacco Control Legal Consortium, and Campaign for Tobacco-Free Kids.

Attorney General Roy Cooper , by Assistant Solicitor General John F. Maddrey , for Amicus State of North Carolina.


STEPHENS, Judge.

In early 2010, the director of the Pitt County Health Department, Respondent John H. Morrow, sent notices of violation to Petitioners George Beaman, Benjamin Edwards, and Lynn Owens ("Petitioners"), the owners of Club 519, 5th Street Distillery, Mac Billiards, and Live (the "establishments"), citing the establishments' violation of North Carolina's smoking ban, N.C. Gen. Stat. § 130A-491 et seq., and advising...

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