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FRYE v. CITY OF KANNAPOLIS

No. 1:99CV00111.

109 F.Supp.2d 436 (1999)

Jesse FRYE, d/b/a L & J Newstand, Plaintiff, v. The CITY OF KANNAPOLIS, a North Carolina Municipal Corporation; Ray Moss, Mayor of the City of Kannapolis; Kenneth B. Geathers, Mayor pro tem of the City of Kannapolis; Jack M. Goodnight, Council Member of the City of Kannapolis; Roger D. Hass, Council Member of the City of Kannapolis; Jennie C. Wyrick, Council Member of the City of Kannapolis; Robert S. Misenheimer, Council Member of the City of Kannapolis; Phil Meacham, Council Member of the City of Kannapolis; Barry Mosley, Zoning Services Manager for the City of Kannapolis, Defendants.

United States District Court, M.D. North Carolina.

April 29, 1999.

Attorney(s) appearing for the Case

William H. McMillan, Pope McMillan Kutteh Simon & Baker, P.A., Statesville, NC, for Jesse Frye dba L & J Newstand, plaintiff.

Roddey M. Ligon, Jr., Womble Carlyle Sandridge & Rice, Winston-Salem, NC, for Kannapolis, City of, a North Carolina Municipal Corporation, defendant.

MEMORANDUM OPINION

BULLOCK, Chief Judge.

This case is before the court on Defendants' motion to dismiss under Rule 12(b)(6), Federal Rules of Civil Procedure. This matter arises out of an action filed in this court by Plaintiff Jesse Frye against Defendant City of Kannapolis and numerous individual Defendants. In his complaint Plaintiff alleges that a zoning ordinance enacted by Defendants offends the First Amendment to the United States Constitution...

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