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IDOL v. STREET

No. 745.

65 S.E.2d 313 (1951)

233 N.C. 730

IDOL et al. v. STREET et al.

Supreme Court of North Carolina.

June 7, 1951.

Attorney(s) appearing for the Case

Buford T. Henderson, Winston-Salem, for plaintiffs, appellants.

Womble, Carlyle, Martin & Sandridge, Winston-Salem, for defendants, appellees.

ERVIN, Justice.

The ordinance under attack was adopted by the City-County Board of Health of the City of Winston-Salem and the County of Forsyth, which was created under Chapter 86 of the 1945 Session Laws of North Carolina. Hence, this question arises at the threshold of the appeal: Is Chapter 86 of the 1945 Session Laws repugnant to the provision of Article II, Section 29, of the North Carolina Constitution, which forbids the General Assembly to "pass any local...

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