Bessemer City Express, Inc. v. City of Kings Mountain

THOMAS, Judge.

Plaintiffs, Bessemer City Express, Inc., and Mike’s Food Store, Inc., initiated this declaratory judgment action in an attempt to invalidate a zoning ordinance amendment restricting their use of video gaming machines.

Prior to deciding the case on its merits, the trial court denied plaintiffs’ motion for a preliminary injunction. Plaintiffs appeal, but for the reasons herein, we dismiss the appeal as interlocutory.

On 25 July 2000, defendant, City of Kings Mountain, North Carolina, a municipal corporation, passed an amendment to its zoning ordinance, number Z-3-6-00, restricting…