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SANDHILL AMUSEMENTS, INC. v. MILLER

No. 363A14.

773 S.E.2d 55 (2015)

SANDHILL AMUSEMENTS, INC. and Gift Surplus, LLC v. Sheriff of Onslow County, North Carolina, Hans J. MILLER, in his official capacity; and District Attorney for the Fourth Prosecutorial District of the State of North Carolina, Ernie Lee, in his official capacity.

Supreme Court of North Carolina.

June 11, 2015.

Attorney(s) appearing for the Case

Daughtry, Woodard, Lawrence & Starling, Smithfield, by Kelly K. Daughtry and Luther D. Starling , for plaintiff-appellee Sandhill Amusements, Inc.

Hyler & Lopez, P.A., by Stephen P. Agan and George B. Hyler, Jr. , Asheville, for plaintiff-appellee Gift Surplus, LLC.

Turrentine Law Firm, PLLC, by S.C. Kitchen , and Lesley F. Moxley , Durham, Onslow County Attorney, for defendant-appellant Sheriff Hans J. Miller.

Edmond W. Caldwell, Jr. , General Counsel for North Carolina Sheriffs' Association, amicus curiae.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed. This case is remanded to the Court of Appeals for further remand to the Superior Court, Onslow County, for further proceedings not inconsistent with this opinion.

REVERSED AND REMANDED.

Justice ERVIN did not participate in the...

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