MERMAIDS, INC. v. CURRITUCK COUNTY BD. OF COM'RS

No. 2:96-CV-60-BO(3).

19 F.Supp.2d 493 (1998)

MERMAIDS, INC.; R.F. London, Inc.; Robert F. London; and William Fenner, Jr., Plaintiffs, v. CURRITUCK COUNTY BOARD OF COMMISSIONERS; Currituck County Board of Adjustment; Eldon L. Miller, Jr., S. Paul O'Neal; Ernie Bowden; Gene A. Gregory; J. Owen Etheridge; and Jack Simoneau, Defendants.

United States District Court, E.D. North Carolina, Northern Division.

August 29, 1998.


Attorney(s) appearing for the Case

Clyde Holt, III, Charles F. McDarris, Eric M. Braun, Holt & York, Raleigh, NC, for Plaintiffs.

Lennie Lewis Hughes, Elizabeth City, NC, for Defendants.


ORDER

TERRENCE WILLIAM BOYLE, Chief Judge.

This matter is before the Court on Plaintiffs' Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, and on Defendants' Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. The underlying action arises under the First and Fourteenth Amendments to the United States Constitution and...

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