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CITY OF FAYETTEVILLE v. E & J INVESTMENTS, INC.

No. 8712SC1152.

368 S.E.2d 20 (1988)

CITY OF FAYETTEVILLE, Appellee, v. E & J INVESTMENTS, INC., Appellant.

Court of Appeals of North Carolina.

May 17, 1988.

Attorney(s) appearing for the Case

Robert C. Cogswell, Jr., City Atty., Fayetteville, and Bailey & Dixon by Alan J. Miles and John N. Fountain, Raleigh, for plaintiff-appellee.

Harris, Sweeny & Mitchell by Ronnie M. Mitchell, Charles E. Sweeny, Jr. and Edwin L. Harris, III, Fayetteville, for defendant-appellant.

WELLS, Judge.

Defendant-appellant operates "Rick's Lounge," located at 469-475 Hay Street in Fayetteville. The lounge, which originally occupied only 471-473 Hay Street, commenced offering topless dancing in 1968. In March of 1979, the City of Fayetteville amended its zoning ordinance to prohibit topless dancing in the central business district, where "Rick's Lounge" is located; however, defendant was permitted to continue to offer topless dancing as a valid nonconforming...

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