U.S. v. TOWN OF GARNER, NORTH CAROLINA

No. 5:09-CV-216-FL.

720 F.Supp.2d 721 (2010)

UNITED STATES of America, and Oxford House, Inc., Plaintiffs, v. TOWN OF GARNER, NORTH CAROLINA, and Town of Garner Board of Adjustment, Defendants.

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

June 22, 2010.


Attorney(s) appearing for the Case

Harvey L. Handley , U.S. Dept. of Justice, Washington, DC, Gregory Alan Heafner , Stafford & Heafner, P.C., Chapel Hill, NC, for Plaintiffs.

G. Nicholas Herman , The Brough Law Firm, Chapel Hill, NC, for Defendants.


ORDER

LOUISE W. FLANAGAN, Chief Judge.

This matter comes before the court on defendants' motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure (DE # 22). Plaintiffs have filed separate responses, and defendants have replied. In this posture, the issues raised are ripe for ruling. For the reasons that follow, defendants' motion is allowed in part and denied in part.

STATEMENT OF THE CASE

Plaintiff Oxford House...

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