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SMITH v. COUNTY OF MECKLENBURG

No. 90.

187 S.E.2d 67 (1972)

280 N.C. 497

Arthur SMITH and David P. Reule, On Behalf of Themselves and On Behalf of All Others Similarly Situated v. The COUNTY OF MECKLENBURG et al.

Supreme Court of North Carolina.

March 15, 1972.

Attorney(s) appearing for the Case

Bailey & Davis by Gary A. Davis, Charlotte, for plaintiff appellees.

Ruff, Perry, Bond, Cobb, Wade & McNair by James O. Cobb, Charlotte, for the County of Mecklenburg and Members of the Mecklenburg County Board of Elections, defendant appellants.

Ervin, Horack & McCartha by William E. Underwood, Jr., Charlotte, for Members of the Mecklenburg County Board of Alcoholic Control, defendant appellants.

BOBBITT, Chief Justice.

Plaintiffs' status is solely that of "citizens, taxpayers and qualified voters of the County of Mecklenburg." In support of their motion to dismiss, appellants contended there was no evidence that implementation of the Mecklenburg Act would cause plaintiffs to suffer personal, direct and irreparable injury; hence, they contended, plaintiffs had no standing to test the constitutionality thereof in an action to enjoin its implementation. They...

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