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SMITH v. CITY OF FAYETTEVILLE

No. COA11-1263-2.

743 S.E.2d 662 (2013)

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

Court of Appeals of North Carolina.

June 4, 2013.

Attorney(s) appearing for the Case

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

Plaintiffs initially challenged the City of Fayetteville's (the "City's") 2010 ordinance imposing an increased privilege license tax on "electronic gaming operations."1 Smith I, ___ N.C.App. at ___, 725 S.E.2d at 407. On 15 August 2011, Plaintiffs appealed to this Court from a trial court order: (i) granting summary judgment to the City; and (ii) denying Plaintiffs' summary judgment motion. Id....

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