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STALEY v. CITY OF WINSTON-SALEM

No. 384.

128 S.E.2d 604 (1962)

258 N.C. 244

Lawrence M. STALEY and Kenneth W. Cheek, Trading as Staley's Charcoal Steak House, Petitioners, v. The CITY OF WINSTON-SALEM and Archie Elledge, Carl Chitty, Floyd S. Burge, Jr., James J. Booker, Carl H. Russell, Carroll Poplin Rossie F. Shore, and Thomas L. Ogburn, Members of the Board of Aldermen of the City of Winston-Salem, Respondents.

Supreme Court of North Carolina.

December 12, 1962.

Attorney(s) appearing for the Case

Deal, Hutchins & Minor by Roy L. Deal, Winston-Salem, for petitioner appellees.

Womble, Carlyle, Sandridge & Rice by I. E. Carlyle and H. G. Barnhill, Jr., Winston-Salem, for respondent appellants.

RODMAN, Justice.

This appeal requires an answer to only one question: Can respondents prohibit the sale of unfortified wines for consumption in petitioners' restaurant?

The facts on which the answer must be based were stipulated. Summarized, they are: Winston-Salem, acting under statutory authority, adopted a zoning ordinance on 26 September 1955. Petitioners' property was not then within the corporate limits of the city, but the ordinance was applicable to...

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