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HOOKS v. INTERNATIONAL SPEEDWAYS, INCORPARTED

No. 688.

140 S.E.2d 387 (1965)

263 N.C. 686

Claude HOOKS, A. G. Goins, D. J. Powell, D. J. Shelley, Elwood Robinson, Mickey Long, Cecil Gurkin, H. H. Collins, Henry Merritt, Luther High, and Daniel M. Spell, Officers and Trustees of Smyrna Baptist Church, v. INTERNATIONAL SPEEDWAYS, INCORPORATED and Marie D. Carter.

Supreme Court of North Carolina.

February 24, 1965.

Attorney(s) appearing for the Case

Powell, Lee & Lee, Whiteville, for plaintiffs.

Powell & Powell, Whiteville, and Nance, Barrington, Collier & Singleton, Fayetteville, for defendants.

MOORE, Justice.

Plaintiffs seek to permanently enjoin an alleged prospective private nuisance. The substance of their complaint is that corporate defendant is in the process of constructing a race track and other facilities for the racing of automobiles on Sundays and holidays, the facilities to accommodate 12,000 or more spectators, and the race track to be located about 2500 feet from the Smyrna Baptist Church, an active church established 80 years ago and having...

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