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ORANGE SPEEDWAY v. CLAYTON

No. 744.

101 S.E.2d 406 (1958)

247 N.C. 528

ORANGE SPEEDWAY, Inc. v. Odell H. CLAYTON, Sheriff of Orange County.

Supreme Court of North Carolina.

January 10, 1958.

Attorney(s) appearing for the Case

Robert G. Sanders, J. C. Sedberry, Charlotte, for plaintiff.

Graham & Ranson, Hillsboro, for defendant.

DENNY, Justice.

Equity jurisdiction may be exercised to enjoin the threatened enforcement of a statute which contravenes our Constitution wherever it is essential in order to protect property rights and the rights of persons against injuries otherwise irremediable. McCormick v. Proctor, 217 N.C. 23, 6 S.E.2d 870; Dixie Poster Advertising Co. v. City of Asheville, 189 N.C. 737, 128 S.E. 149. See concurring opinions of Hoke, J., in Turner v. City of New Bern, 187 N...

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