SMITH v. KEATOR

No. 82.

206 S.E.2d 203 (1974)

285 N.C. 530

Gary P. SMITH d/b/a Holiday Health Club, et al. v. Hervey KEATOR, Acting Chief of Police of the City of Fayetteville, North Carolina, et al.

Supreme Court of North Carolina.

July 1, 1974.


Attorney(s) appearing for the Case

Butler, High & Baer, Fayetteville, Christine Y. Denson, Raleigh, for plaintiffs-appellants.

Nance, Collier, Singleton, Kirkman & Herndon by Rudolph G. Singleton, Jr., and Ocie F. Murray, Jr., Clark, Clark, Shaw & Clark by Heman R. Clark, Fayetteville, for defendants-appellees.


MOORE, Justice.

The only question before us on this appeal is the constitutionality of the ordinance in question. Plaintiffs contend that the ordinance is invalid because it violates the due process and equal protection clauses of the United States Constitution.

Plaintiffs first assert that the ordinance violates the due process clause of the Fourteenth Amendment by permitting the city council to act arbitrarily in denying or revoking massage parlor licenses...

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