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R. O. GIVENS, INC. v. TOWN OF NAGS HEAD

No. 811SC775.

294 S.E.2d 388 (1982)

R. O. GIVENS, INC. v. The TOWN OF NAGS HEAD.

Court of Appeals of North Carolina.

September 7, 1982.

Attorney(s) appearing for the Case

Shearin, Gaw & Archbell by Roy A. Archbell, Jr. and Norman W. Shearin, Jr., Kitty Hawk, for plaintiff-appellee.

Kellogg, White, Evans & Sharp by Thomas L. White, Jr., Manteo, and Hunter, Wharton & Howell by John V. Hunter, III, Raleigh, for defendant-appellant.

ARNOLD, Judge.

This action is complicated by the fact that outdoor advertising is subject to state and, indirectly, to federal regulation as well as to municipal control. Thus the trial court was required to consider the scope of the state Outdoor Advertising Act, G.S. 136-126 et seq., adopted by our legislature to implement the Federal Highway Beautification Act, 23 U.S.C. § 131, in determining the applicability of the Nags Head Ordinance.

On 11 June...

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