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SANDHILL AMUSEMENTS v. SHERIFF OF ONSLOW

No. COA14-85.

762 S.E.2d 666 (2014)

SANDHILL AMUSEMENTS, INC. and Gift Surplus, LLC, Plaintiffs, v. SHERIFF OF ONSLOW COUNTY, North Carolina, Ed Brown, in his official capacity; and District Attorney for the Fourth Prosecutorial District of the State of North Carolina, Ernie Lee, in his official capacity. Defendants.

Court of Appeals of North Carolina.

September 5, 2014.

Attorney(s) appearing for the Case

Onslow County Attorney, by Lesley F. Moxley ; and Turrentine Law Firm, PLLC, by S.C. Kitchen , for Defendant-Appellant.

Daughtry, Woodard, Lawrence & Starling, Smithfield, by Kelly K. Daughtry ; and Hyler & Lopez, P.A., Asheville, by Stephen P. Agan and George B. Hyler, Jr. , for Plaintiffs-Appellees.

ROBERT N. HUNTER, JR., Judge.

Onslow County Sheriff Ed Brown ("Sheriff Brown") appeals from orders entered on 4 November 2013 denying his motions to dismiss under Rule 12 as well as granting a preliminary injunction in favor of plaintiffs Sandhill Amusements, LLC ("Sandhill") and Gift Surplus, LLC ("Gift Surplus") (collectively "Plaintiffs").1

We agree with Sheriff Brown that this Court has jurisdiction to determine his interlocutory...

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