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By Jim Ware
Jim.Ware@StarNewsOnline.com

WILMINGTON, NC (StarNewsOnline.com)– The owner of the Kickback Jack’s in Wilmington has asked the New Hanover County District Court to reverse the county board of health’s decision to uphold fines against the restaurant for violating state smoking laws.

In a petition for judgment filed with the court on Thursday, Battleground Restaurant Group of Greensboro also asked the court to rule that Kickback Jack’s smoking area is not an enclosed area. It is against state law to allow smoking in enclosed areas of restaurants.

Battleground on June 6 appeared before the board of health to appeal $1,200 in fines levied against it by the New Hanover County Health Department.

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