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CLARK'S CHARLOTTE, INC. v. HUNTER

No. 252.

134 S.E.2d 364 (1964)

261 N.C. 222

CLARK'S CHARLOTTE, INC., a corporation, and Atlantic Mills of N. C., Inc., a corporation, on behalf of themselves and such other persons, firms and corporations as are similarly affected by an Ordinance Amending Chapter 13, Article IV, Section 13-56 of the Code of the City of Charlotte, to Provide for the Due Observance of Sunday, as amended, v. J. Clyde HUNTER, Sheriff of Mecklenburg County, John Hord, Chief, Charlotte Police Department, and G. A. Stephens, Chief, Mecklenburg County Rural Police Department.

Supreme Court of North Carolina.

January 31, 1964.

Attorney(s) appearing for the Case

Warren C. Stack, Charlotte, for plaintiff appellant Clark's Charlotte, Inc.

John D. Shaw, Charlotte, for plaintiff appellant Atlantic Mills of N. C., Inc.

John T. Morrisey, Sr., and T. LaFontine Odom, Sr., Charlotte, for defendant appellee John Hord.

James O. Cobb, Jr., Charlotte, for defendant appellees J. Clyde Hunter and G. A. Stephens.

PARKER, Justice.

Plaintiffs have not excepted to any of the findings of fact made by Judge Brock, and they have not excepted to his first conclusion of law. They except to his second, third and fourth conclusions of law and to the judgment and assign them as error.

The challenged ordinance as amended has a general provision stating that it shall be unlawful to operate or carry on any business on Sunday in the city of Charlotte, with a second provision exempting...

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