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MOM N POPS, INC. v. CITY OF CHARLOTTE

No. 3:97CV308-McK.

979 F.Supp. 372 (1997)

MOM N POPS, INC., Plaintiff, v. The CITY OF CHARLOTTE, a North Carolina Municipal Corporation; Robert Brandon, Zoning Administrator; and David Barley, Zoning Enforcement Inspector, Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

August 22, 1997.

Attorney(s) appearing for the Case

Miles S. Levine, Goodman, Carr, Nixon & Laughrun, Charlotte, NC, Thomas Loflin, Durham, NC, for Mom N Pops, Inc.

Robert Erwin Hagemann, Office of City Attorney, Charlotte, NC, for City of Charlotte, Robert Brandon.

Andrew S. O'Hara and Daniel G. Clodfelter, Moore and Van Allen, Charlotte, NC, for David Barley.

ORDER

McKNIGHT, United States Magistrate Judge.

This matter comes before the undersigned United States magistrate judge pursuant to 28 U.S.C. § 636(c) upon express consent of the parties, to consider Plaintiff's motion for preliminary injunction "preventing Defendants ... from enforcing any requirement of the City Code that Plaintiff obtain a city business license or zoning approval before opening at 5920 South Boulevard, Charlotte, North Carolina,...

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