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STATE v. FAYETTEVILLE STREET CHRISTIAN SCHOOL

No. 7910SC230.

258 S.E.2d 459 (1979)

The STATE of North Carolina, the Child Day-Care Licensing Commission of the Department of Administration and Joseph W. Grimsley, Secretary of the Department of Administration, ex rel. Rufus L. Edmisten, Attorney General of North Carolina v. FAYETTEVILLE STREET CHRISTIAN SCHOOL and its Operator Mr. Bruce D. Phipps, Gospel Light Christian School and its Operator Mrs. Delores B. Yokely, Grace Christian School and its Operator Mr. Earl R. Eaton, Immanuel Day Care Center and its Operator Mrs. Elizabeth Harrell, Baptist Temple School and its Operator Mr. Donald R. Carter, Grace Christian School and its Operator Mr. Robert Durham, Bethany Church School and its Operator Reverend Gene Woodall, Tabernacle Christian School Day Care and its Operator Mr. Randall Shook, South Park Baptist School and its Operator Mr. Daniel D. Carr, Gospel Light Baptist Church and its Operator Reverend Gary Blackburn, Friendship Christian Schools and its Operator Mr. Charles Stanley, and all others similarly situated.

Court of Appeals of North Carolina.

September 4, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Senior Deputy Atty. Gen. Andrew A. Vanore, Jr. and Sp. Deputy Atty. Gen. M. Ann Reed, Raleigh, for the State.

Strickland & Fuller by Thomas E. Strickland, Goldsboro, and Lake & Nelson by I. Beverly Lake, Jr., Raleigh, for defendants-appellants.

ERWIN, Judge.

Ten assignments of error appear in the record. Defendants bring nine of them forward on appeal in seven arguments.

After careful consideration of each of the assignments of error in the record before us, we conclude that the orders entered by the trial court were proper in all respects and affirm both orders.

Constitutional Question

Defendants contend that application of the licensing requirements of the Day-Care Facilities...

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