CHOLETTE v. TOWN OF KURE BEACH

No. 875SC581.

362 S.E.2d 851 (1987)

Joseph CHOLETTE and Carol Cholette v. TOWN OF KURE BEACH, Lee Wrenn, Norris Teague, Ed Jones, Larry Willoughby, Tom Causby and Clarence Robbins, individually and in their official capacities.

Court of Appeals of North Carolina.

December 22, 1987.


Attorney(s) appearing for the Case

Bruce H. Robinson, Jr., Wallace, for plaintiffs-appellants.

Marshall, Williams, Gorham & Brawley by A. Dumay Gorham, Jr. and Charles D. Meier and Andrew A. Canoutas, Wilmington, for defendants-appellees.


ARNOLD, Judge.

The sole question in this case is whether the actual decision of the building inspector to require plaintiffs to construct a fire wall violated any of plaintiffs' federally protected rights. Even taking the allegations in plaintiffs' complaint as true, we do not believe that plaintiffs have made out a federal claim.

Plaintiffs contend that defendants violated "certain federally protected rights which include [plaintiffs'] right to be secure...

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