LEE v. TOLSON

No. COA03-1183.

601 S.E.2d 316 (2004)

Delmon LEE, Jr., Plaintiff-appellant, v. E. Norris TOLSON, in his official capacity as the Secretary of the N.C. Department of Revenue, Defendant-appellee. Larry Fitch Clark, Sr., Plaintiff-appellant, v. E. Norris Tolson, in his official capacity as the Secretary of the N.C. Department of Revenue, Defendant-appellee.

Court of Appeals of North Carolina.

September 7, 2004.


Attorney(s) appearing for the Case

Thomas Edward Hodges, Benson, for the plaintiffs-appellants.

Attorney General, Roy Cooper, by Assistant Attorney General, Alexandra M. Hightower, for the defendant-appellee, Secretary of Revenue.


ELMORE, Judge.

On 15 January 1999, Alcohol Law Enforcement (ALE) and the Harnett County Sheriff's Department obtained search warrants and simultaneously conducted a raid on a distillery located on lands of Larry Fitch Clark, Sr. (Clark) and a raid on the residence of Delmon Lee, Jr. (Lee). The raids resulted in the seizure of a distillery, 1,552 gallons of moonshine and 9,485 gallons of mash from Clark's property, and $37,200.00 in cash from Lee's residence.

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