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LEWIS v. CITY OF KINSTON

No. COA96-1517.

488 S.E.2d 274 (1997)

Edmond T. LEWIS, Plaintiff, v. CITY OF KINSTON, Defendant.

Court of Appeals of North Carolina.

August 5, 1997.

Attorney(s) appearing for the Case

Dal F. Wooten, III, Kinston, for plaintiff-appellee.

Wallace, Morris, Barwick & Rochelle, P.A. by Edwin M. Braswell, Jr., and Vernon H. Rochelle, Kinston, for defendant-appellant.

JOHN C. MARTIN, Judge.

Plaintiff, a City of Kinston police officer, filed this declaratory judgment action seeking to test the validity and enforceability of an ordinance adopted by defendant City of Kinston (City) requiring city employees to live within Lenoir County. The ordinance, enacted 21 May 1984, states, in pertinent part:

(b) Although it is highly desirable that all employees of the city reside within the city, employees may reside outside the city...

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