SMITH v. CITY OF FAYETTEVILLE

No. COA11-1263.

725 S.E.2d 405 (2012)

Jeffrey SMITH et. al, Plaintiffs, v. The CITY OF FAYETTEVILLE, Defendant.

Court of Appeals of North Carolina.

May 1, 2012.


Attorney(s) appearing for the Case

The Law Offices of Lonnie M. Player, Jr., PLLC, Fayetteville, by Lonnie M. Player, Jr. , for Plaintiffs-appellants.

City Attorney for the City of Fayetteville Karen M. McDonald , Assistant City Attorney for the City of Fayetteville Brian K. Leonard , and Parker, Poe, Adams & Bernstein L.L.P., Charlotte, by Anthony Fox and Benjamin Sullivan , for Defendant-appellee.


HUNTER, JR., ROBERT N., Judge.

Jeffrey Smith, et al. ("Plaintiffs") appeal an order granting summary judgment to the City of Fayetteville (the "City") ("Defendant"). Plaintiffs argue (1) the trial court erred by granting summary judgment in favor of the City and denying Plaintiffs' summary judgment motion and (2) the ordinance at issue is unenforceable against Plaintiffs. We affirm the trial court's grant of the City's motion for summary judgment and denial of Plaintiffs...

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