Smith v. City of Fayetteville

HUNTER, JR., Robert N., Judge.

Plaintiffs initially challenged the City of Fayetteville’s (the “City’s”) 2010 ordinance imposing an increased privilege license tax on “electronic gaming operations.”1 Smith I, _ N.C. App. at _, 725 S.E.2d at *564407. On 15 August 2011, Plaintiffs appealed to this Court from a trial court order: (i) granting summary judgment to the City; and (ii) denying Plaintiffs’ summary judgment motion. Id. at_., 725 S.E.2d at 408. On appeal, Plaintiffs argued the trial court erred because the ordinance at issue is unenforceable under several legal theories. Id. at_, 725…