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CITY OF ROANOKE RAPIDS v. PEEDIN

No. COA95-461.

478 S.E.2d 528 (1996)

CITY OF ROANOKE RAPIDS, Town of Weldon, Town of Enfield, Town of Scotland Neck, Town of Hobgood, Jerry Hamill, Beth Workman, and Halifax House Corporation d/b/a Harvest House, Plaintiffs, v. C. Douglas PEEDIN, Jr., in his capacity as Chairman and Member of the Halifax County Board of Health; W.K. Craig, Maurice Davis, Jack J. Edwards, W.B. Hux, Paulette Ingram, Sue Livermon, Joe McDowell, George C. Parrish, Elkton Richardson, and B.R. Ricks, in their capacities as members of the Halifax County Board of Health; and Frank L. Bradham, in his capacity as the Director of the Halifax County Health Department; and Halifax County, Defendants.

Court of Appeals of North Carolina.

December 3, 1996.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, PLLC by Keith W. Vaughan, Marilyn R. Forbes, Johnny M. Loper, Susan S. McFarlane, and Alexander P. Sands III, Raleigh; Hux, Livermon and Armstrong by James S. Livermon, Jr., Enfield; and Parker and Parker by Rom B. Parker, Jr., Enfield, for plaintiffs-appellants.

W. Turner Stephenson, III, Halifax County Attorney, Roanoke Rapids, for defendants-appellees.

JOHN, Judge.

In this declaratory judgment action, plaintiffs are the City of Roanoke Rapids, the Towns of Weldon, Enfield, Hobgood, and Scotland Neck, all located within Halifax County, and Jerry Hamill and Beth Workman, Halifax County residents and taxpayers (plaintiffs). The individual defendants are members of the Halifax County Board of Health (the Board), sued only in their capacities as members of the Board. The remaining defendants are Frank L. Bradham (Bradham...

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