Smith v. Keator

BALEY, Judge.

The superior court held that the Fayetteville massage parlor ordinance was invalid on two grounds: first, because it was in conflict with state law; and second, because it violated the due process and equal protection clauses of the United States Constitution.

A city has no power to adopt an ordinance which is in conflict with state law. An ordinance is inconsistent with state law when it “makes unlawful an act, omission or condition which is expressly made lawful by State ... law.” G.S. 160A-174(b) (2) ; see Tastee-Freez, Inc. v. Raleigh, 256 N.C. 208, 123 S.E. 2d 632. Plaintiffs…