Sandhill Amusements, Inc. v. Miller, 363A14.

Decision Date11 June 2015
Docket NumberNo. 363A14.,363A14.
Citation773 S.E.2d 55,368 N.C. 91
Parties 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.
CourtNorth Carolina Supreme Court

368 N.C. 91
773 S.E.2d 55

SANDHILL AMUSEMENTS, INC. and Gift Surplus, LLC
v.
Sheriff of Onslow County, North Carolina, Hans J. MILLER,1 in his official capacity; and District Attorney for the Fourth Prosecutorial District of the State of North Carolina, Ernie Lee, in his official capacity.

No. 363A14.

Supreme Court of North Carolina.

June 11, 2015.


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.

PER CURIAM.

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 consideration or decision of this case.

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Notes:

1 Pursuant to N.C. R.App. P. 38, Hans J. Miller, who took office as Sheriff of Onslow County on December 1, 2014, replaced former defendant Ed Brown.

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    • Court of Appeal of North Carolina (US)
    • May 15, 2018
    ...right and is immediately appealable." 236 N.C. App. 340, 360, 762 S.E.2d 666, 680 (2014) (Ervin, J. dissenting), rev'd and remanded , 368 N.C. 91, 773 S.E.2d 55 (2015). Adoption and enforcement of zoning ordinances is an exercise of the police power. See Raleigh v. Fisher , 232 N.C. 629, 63......
  • Gift Surplus, LLC v. State ex rel. Cooper
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    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • June 7, 2022
    ...at 11-12; Crazie Overstock Promotions, LLC v. State, 377 N.C. 391, 403, 858 S.E.2d 581, 589 (2021); Sandhill Amusements, Inc. v. Miller, 368 N.C. 91, 91, 773 S.E.2d 55, 56 (2015) (per curiam) (adopting dissent's reasoning in Sandhill Amusements, Inc. v. Sheriffof Onslow Cnty., 236 N.C.App. ......
  • Gift Surplus, LLC v. State
    • United States
    • United States State Supreme Court of North Carolina
    • February 11, 2022
    ...Inc. v. Sheriff of Onslow Cty. , 236 N.C. App. 340, 762 S.E.2d 666 (2014), rev'd per curiam , Sandhill Amusements, Inc. v. Miller , 368 N.C. 91, 773 S.E.2d 55 (2015). Then-Judge Ervin dissented from the Court of Appeals majority, reasoning that plaintiffs could not show a likelihood of succ......
  • S&M Brands, Inc. v. Stein
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    ...see also Sandhill Amusements, Inc. v. Sheriff of Onslow Cty., 236 N.C.App. 340, 351, 762 S.E.2d 666, 675 (2014), rev'd on other grounds, 368 N.C. 91, 773 S.E.2d 55 (2015) (holding that sovereign immunity did not bar plaintiff's claim because "the declaratory judgment procedure is the only m......
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