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DAYS INN OF AMERICA, INC. v. BOARD OF TRANSP.

No. 7410SC917.

211 S.E.2d 864 (1975)

24 N.C. App. 636

DAYS INN OF AMERICA, INC., Petitioner, v. BOARD OF TRANSPORTATION and the Department of Transportation & Highway Safety, Respondents.

Court of Appeals of North Carolina.

February 19, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. C. Diederich Heidgerd, Raleigh, for respondents-appellants-appellees.

McLean, Stacy, Henry & McLean by William S. McLean, Lumberton, for petitioner-appellee-appellant.

Bailey, Dixon, Wooten, McDonald & Fountain by Kenneth Wooten, Jr., Raleigh, amicus curiae.

HEDRICK, Judge.

Respondents' Appeal

Respondents' appeal presents the question of whether the Outdoor Advertising Control Act, G.S. § 136-126 et seq., became effective on 17 July 1972.

By its terms, the Act provides that it is not to "have any force and effect until federal funds [have been] made available to the State for the purpose" of controlling outdoor advertising "and the Board of Transportation has entered into an agreement with the Secretary...

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