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MOORE v. CITY OF CREEDMOOR

No. 435A95.

481 S.E.2d 14 (1997)

James Y. MOORE, trading and doing business as Moore's Dinette, and Gracye Moore v. CITY OF CREEDMOOR, Ralph D. Seagroves, individually, and as Chief of Police of the City of Creedmoor, and Vance Douglas High, individually and as a Commissioner of the City of Creedmoor.

Supreme Court of North Carolina.

February 10, 1997.

Attorney(s) appearing for the Case

Glenn, Mills & Fisher, P.A. by Stewart W. Fisher, Durham, for plaintiff-appellants and appellees.

McDaniel & Anderson, L.L.P. by William E. Anderson and Marcia N. Southerland, Raleigh, for defendant-appellants and appellees.

Smith, Follin & James, L.L.P. by Seth R. Cohen, Greensboro, on behalf of American Civil Liberties Union Legal Foundation; and Patterson, Harkavy & Lawrence, L.L.P. by Burton Craige, Raleigh, on behalf of North Carolina Academy of Trial Lawyers, amici curiae.

ORR, Justice.

This case involves a civil action which was filed seeking damages for malicious prosecution, intentional infliction of emotional distress, and violation of federal and state constitutional rights. Plaintiffs James Moore and Gracye Moore instituted this action in response to a nuisance abatement action which had been filed against them pertaining to the operation of their dinette. The nuisance abatement action was filed by the District Attorney for the...

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