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WHALEY v. LENOIR COUNTY

No. 698SC272.

168 S.E.2d 411 (1969)

5 N.C. App. 319

Edward Earl WHALEY v. LENOIR COUNTY and Richard Whaley, Billy Brewer, Lubby Edwards, Ike Whitfield, and Milton Williams, Chairman and Members of the Board of County Commissioners of Lenoir County.

Court of Appeals of North Carolina.

July 23, 1969.

Attorney(s) appearing for the Case

Turner & Harrison, by J. Harvey Turner, Kinston, for plaintiff appellant.

Thomas B. Griffin, Kinston, for defendant appellees.

MORRIS, Judge.

Only one question arises on this appeal: Is the ordinance adopted by the Board of Commissioners of Lenoir County entitled "An Ordinance to Franchise, Control and Regulate Ambulance Service in Lenoir County" unconstitutional in whole or in part?

Plaintiff contends that the franchising, licensing, and control of ambulance services is not a proper and legitimate exercise of the police power, but that if within the police power of the State, the...

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