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HARTS BOOK STORES, INC. v. CITY OF RALEIGH

No. 8010SC779.

281 S.E.2d 761 (1981)

HARTS BOOK STORES, INC., Petitioner-Appellant, v. CITY OF RALEIGH, City of Raleigh Board of Adjustment, and Dale Blosser, Conrad Miller, Howard Satisky, Robert L. Jones, David Haywood, and Robert E. Connell, Jr., members of the City of Raleigh Board of Adjustment, Respondents-Appellees, and Clyde A. Dillon, III, Deborah Ann Dillon, John Eric Dillon, David M. Lewis, and Annie Lee Hansen, Intervenors-Respondents.

Court of Appeals of North Carolina.

September 15, 1981.

Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis, James and Harkavy by Michael K. Curtis, Greensboro, for petitioner-appellant.

Thomas A. McCormick, Jr., Raleigh, for respondent-appellee, the City of Raleigh.

Young, Moore, Henderson & Alvis by J. Clark Brewer, Raleigh, for intervenors-respondents-appellees.

HILL, Judge.

Petitioner contends either (1) that the provisions of the Raleigh City Code requiring a special use permit for operation of an adult bookstore, as construed, are unconstitutional; or (2) that the Board of Adjustment and the superior court erred under North Carolina law in denying issuance of the permit. We hold that the Board erred under North Carolina law in denying the permit, and we thus do not reach the constitutional question.

Pursuant to...

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