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NATIONAL ADVERTISING CO. v. BRADSHAW

No. 7910SC1080.

268 S.E.2d 816 (1980)

48 N.C. App. 10

NATIONAL ADVERTISING COMPANY v. Thomas W. BRADSHAW, Jr., as Secretary of Transportation of the State of North Carolina.

Court of Appeals of North Carolina.

August 5, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas H. Davis, Jr., Raleigh, for respondent-appellant.

Bailey, Dixon, Wooten, McDonald & Fountain by Kenneth Wooten, Jr. and Gary S. Parsons, Raleigh, for petitioner-appellee.

CLARK, Judge.

This case presents several questions of first impression concerning the interpretation and operation of the Outdoor Advertising Control Act, N.C.Gen.Stat. §§ 136-126 to 136-140 (as amended, effective 1 July 1977, 1977 N.C.Sess.Laws, Ch. 464). The first question is whether the petitioner-appellee was entitled to any administrative hearing by the Secretary of Transportation pursuant to the provisions of the Outdoor Advertising Control Act,

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