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Variety Theatres, Inc. v. Cleveland County

Citation: 3 ELR 20226
No. No. 43, 192 S.E.2d 290/282 N.C. 272, (N.C., 11/15/1972)

A local ordinance prohibiting drive-in theater screens that are visible from public streets or highways is a valid exercise of the police power. Drive-in theaters are a special class of hazard compared to neon signs and other lights along the highway. The ordinance was intended to further highway safety by eliminating distractions and traffic congestion.

Counsel for Plaintiff
George S. Daly, Jr.
808 Law Building
Charlotte, North Carolina 28202

Counsel for Defendants
J. A. West
Horn, West & Horn
Royster Building
Shelby, North Carolina 28150