C'Est Bon, Inc. v. North Carolina State Board of Alcoholic Control , 331 F. Supp. 82 ( 1971 )

McMILLAN, District Judge

(concurring) :

C’Est Bon Club has been destroyed by fire; the challenged statutes have been substantially revised by the General Assembly; plaintiff’s liquor licenses have been under suspension for several months for extraneous and presumably valid reasons; and there is no indication that plaintiff expects to go back into the nightclub business. The controversy is essentially moot; the case is in drastically different posture from that of March 13, 1971, when the original district court order was entered; and there is no longer any special reason for action by this court. Therefore, I concur in the decision of the court to abstain from determination of the constitutional issues originally presented by the petition.