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CAROLINA SPIRITS, INC. v. CITY OF RALEIGH

No. COA97-25.

493 S.E.2d 283 (1997)

CAROLINA SPIRITS, INC., Plaintiff, v. The CITY OF RALEIGH, Defendant.

Court of Appeals of North Carolina.

November 18, 1997.

Attorney(s) appearing for the Case

Tharrington Smith by Randall M. Roden and E. Hardy Lewis, Raleigh, for plaintiff-appellee.

City Attorney Thomas A. McCormick by Associate City Attorney Dorothy K. Woodward, for defendant-appellant.

GREENE, Judge.

The City of Raleigh (City) appeals from a judgment (entered pursuant to a declaratory judgment complaint filed by Carolina Spirits, Inc. (plaintiff)) directing it not to enforce a provision of an ordinance adopted by the City in 1977 that prohibited the operation of an "adult establishment" within 1,200 feet of another adult establishment.

The plaintiff owns and operates a nightclub named "Legends" which features female impersonations. On 1...

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