Ford v. STATE, DEPT. OF CRIME CONTROL

JOHN, Judge.

Plaintiff, a video game distributor, instituted this action seeking injunctive and compensatory relief based upon defendant’s declaration that certain types of video machines violated North Carolina’s criminal gambling laws. Plaintiff contends the trial court erred by granting defendant’s motion for summary judgment — thereby dismissing plaintiff’s action. We are not persuaded by plaintiff’s argument and thus affirm the decision of the trial court.

On 1 November 1991, the Alcoholic Beverage Control Commission (“ABC Commission”) issued a memorandum indicating that in the ABC…