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STATE v. SMITH

No. 8427SC853.

328 S.E.2d 810 (1985)

STATE of North Carolina ex rel Joseph B. BROWN, District Attorney for Judicial District 27-A v. Thomas O. SMITH and wife, Dolly Smith; Jerry Jerome Wilkes; and Lynn Floyd, all doing business as the Captain's Club.

Court of Appeals of North Carolina.

May 7, 1985.

Attorney(s) appearing for the Case

Joseph B. Roberts, III, Gastonia, for plaintiff.

Ferguson, Watt, Wallas & Adkins, P.A. by James E. Ferguson, II, Charlotte, for defendants.

WELLS, Judge.

Defendants first contend that the trial court erred in denying their motion to dismiss the show cause order against them. We agree and vacate the order appealed from.

Article 1 of Chapter 19 of the North Carolina General Statutes defines nuisance and provides for their abatement. N.C. Gen.Stat. § 19-5 (1983) is the particular statute which controls our decision in this case. In pertinent part, it provides:

If the existence of a...

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