State v. DESPERADOS INC.

STATE OF NORTH CAROLINA

v.

DESPERADOS INC.[1], and CYNTHIA L. PEREZ, Defendants.

No. COA05-1397-2

Court of Appeals of North Carolina

Filed January 6, 2009

This case not for publication

Attorney General Roy Cooper, by Assistant Attorney General Barry H. Bloch, for the State.

Jeffrey S. Miller, for the defendant-appellants.

WYNN, Judge.

By order of our Supreme Court, this appeal is remanded to us for review of the non-constitutional issues, 361 N.C. 682, 651 S.E.2d 883 (2007).[2] Those issues are whether the trial court erred by (I) failing to declare the noise ordinance void because the clerk's office…