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CEDAR CREEK ENTERPRISES, INC. v. STATE, ETC.

No. 87.

226 S.E.2d 336 (1976)

290 N.C. 450

CEDAR CREEK ENTERPRISES, INCORPORATED v. The STATE of North Carolina DEPARTMENT OF MOTOR VEHICLES et al.

Supreme Court of North Carolina.

July 14, 1976.

Attorney(s) appearing for the Case

Donald W. Grimes, Fayetteville, for plaintiff-appellant.

Atty. Gen. Rufus L. Edmisten by Associate Atty. Isaac T. Avery, III, Raleigh, for defendants-appellees.

COPELAND, Justice.

Summary judgment entered for defendant raises three questions for our consideration: (1) Is G.S. 20-91.1 applicable when there has been a monetary charge assessed pursuant to G.S. 20-96 and G.S. 20-118? (2) Does G.S. 20-91.1 bar plaintiff's actions for injunctive and declaratory judgment relief? (3) Are G.S. 20-91.1, G.S. 20-96 and G.S. 20-99 constitutional?

G.S. 20-91.1 provides as follows:

"No court of this State shall entertain...

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