STATE EX REL. THORNBURG v. 1907 N. MAIN ST., KANNAPOLIS

No. 8919SC294.

384 S.E.2d 585 (1989)

STATE of North Carolina, ex rel. Lacy H. THORNBURG, Attorney General, Plaintiff, v. TAVERN AND OTHER BUILDINGS AND LOTS AT 1907 N. MAIN ST., KANNAPOLIS, N.C., Lots Nos. 10, 11, 12, 13, 14, and 15 of Block L, Bk. of Maps, P. 558, Rowan County Registry and being property described in Deed Book 613, p. 812, Rowan County registry deeded to David L. Bennick; See also Parcel 166, Lots 10-13, Tax map 166, Twp. 13, Defendant, and Carolyn B. Bennick, Defendant-Intervenor.

Court of Appeals of North Carolina.

October 17, 1989.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sr. Deputy Atty. Gen. Isham B. Hudson, Jr., Raleigh, for the State.

Ford, Parrott & Hudson by John T. Hudson and Larry G. Ford, Salisbury, for intervenor-appellant.


LEWIS, Judge.

Appellant argues that the RICO Act violates the defendant-intervenor's rights under the fourteenth amendment of the United States Constitution and Article 1, Section 19 of the Law of the Land Clause of the North Carolina Constitution. Defense counsel at trial did not address the constitutionality of the civil RICO statute nor was an objection made on constitutional grounds. No exception appears in the record regarding these assignments of error. Rule...

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