STATE EX REL. GILCHRIST v. HURLEY

No. 8026SC91.

269 S.E.2d 646 (1980)

48 N.C. App. 433

STATE of North Carolina, on Relation of Peter GILCHRIST, District Attorney for the 26th Judicial District, Plaintiff, v. John F. HURLEY, Jr., Robert Blackmon and Par-A-Dice Health Clinic, Defendant.

Court of Appeals of North Carolina.

August 29, 1980.


Attorney(s) appearing for the Case

Rodney W. Seaford and Paul L. Whitfield, Charlotte, for plaintiff-appellee.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen., Donald W. Stephens, Raleigh, as amicus curiae for the State.

B. R. Batts, Keith M. Stroud and J. Reid Potter, Charlotte, for defendants-appellants.


HEDRICK, Judge.

Defendants assign as error the denial of their motion to dismiss the action for its failure to state a claim for which relief can be granted. They argue first that the alleged conduct at the Par-A-Dice Health Clinic does not constitute a nuisance within the meaning of the statute. The statute under which these defendants were prosecuted in pertinent part proscribes the following conduct:

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