HURSEY v. TOWN OF GIBSONVILLE

No. 55.

202 S.E.2d 161 (1974)

284 N.C. 522

S. H. HURSEY, Jr., t/b/a Hursey's Handy Corner, et al. v. The TOWN OF GIBSONVILLE, a municipal corporation, et al.

Supreme Court of North Carolina.

January 25, 1974.


Attorney(s) appearing for the Case

Forrest E. Campbell and Walker, Short & Alexander by W. Marcus Short, Greensboro, for plaintiffs appellants.

Smith, Moore, Smith, Schell & Hunter by Beverly C. Moore, Greensboro, for defendants appellees.

Robert Morgan, Atty. Gen. by Howard A. Kramer, Associate Atty., for the State.


HIGGINS, Justice.

The plaintiffs, the trial court, and the Court of Appeals seem to have proceeded on the theory that the plaintiffs have a constitutional right to engage in the sale and distribution of wine and beer. The assumption overlooks the fact that beer, wine, and other alcoholic beverages, because of the inherent danger in their unrestricted use, are made subjects of rigid regulation and control by the General Assembly acting under the State's police...

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