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SMITH v. KEATOR

No. 7412SC147.

203 S.E.2d 411 (1974)

21 N.C. App. 102

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.

Court of Appeals of North Carolina.

Certiorari Denied April 2, 1974.

Attorney(s) appearing for the Case

Butler, High & Baer, by L. Sneed High, Fayetteville, for plaintiff appellees.

Nance, Collier, Singleton, Kirkman & Herndon, by Rudolph G. Singleton, Jr., and Clark, Clark, Shaw & Clark, by Heman R. Clark, Fayetteville, for defendant appellants.

Certiorari Denied by Supreme Court April 2, 1974.

BALEY, Judge.

The superior court held that the Fayetteville massage parlor ordinance was invalid on two grounds: first, because it was in conflict with state law; and second, because it violated the due process and equal protection clauses of the United States Constitution.

A city has no power to adopt an ordinance which is in conflict with state law. An ordinance is inconsistent with state law when...

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