WILKES v. N.C. STATE BD. OF ALCOHOLIC CONTROL

No. 7910SC460.

261 S.E.2d 205 (1980)

44 N.C. App. 495

Hazel C. WILKES, Coy C. Privette, George F. Woodruff, Jr. and Melvin G. Sloan, Jr. v. The NORTH CAROLINA STATE BOARD OF ALCOHOLIC CONTROL, an Agency of the State of North Carolina; Marvin Speight, Chairman, Zebulon Alley and Clark Brown, Members; the North Carolina State Board of Elections, an Agency of the State of North Carolina; R. Kenneth Babb, Chairman, Mrs. Charles L. Herring, John L. Stickley, Sr. and Dr. Sydney Barnwell, Officers and Members; Rufus Edmisten, Attorney General of the State of North Carolina; and Thad Eure, Secretary of State of the State of North Carolina.

Court of Appeals of North Carolina.

January 8, 1980.


Attorney(s) appearing for the Case

David H. Wagner, Winston-Salem, and James C. Fuller, Jr., Charlotte, for plaintiffs-appellants.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James Wallace, Jr., Raleigh, for the State.


ARNOLD, Judge.

The trial court's order of dismissal purported to find that Chapter 1138 is constitutional. Plaintiffs are correct in their contention that such a ruling on the merits cannot be made on a motion to dismiss. The trial court also found, however, that plaintiffs are without standing to bring this action, and in this we find the trial court is correct.

"Only one who is in immediate danger of sustaining a direct injury from legislative action...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases