SANDHILL AMUSEMENTS, INC. and GIFT SURPLUS, LLC v. SHERIFF OF ONSLOW COUNTY, NORTH CAROLINA, HANS J. MILLER, in his official capacity; and DISTRICT ATTORNEY FOR THE FOURTH PROSECUTORIAL DISTRICT OF THE STATE OF NORTH CAROLINA, ERNIE LEE, in his official capacity

PER CURIAM.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed. This case is remanded to the Court of Appeals for further remand to the Superior Court, Onslow County, for further proceedings not inconsistent with this opinion. REVERSED AND REMANDED.

Justice ERVIN did not participate in the consideration or decision of this case.