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YOUNG'S SHEET METAL AND ROOFING v. WILKINS

No. 8528SC20.

334 S.E.2d 419 (1985)

YOUNG'S SHEET METAL AND ROOFING, INC. v. R.W. WILKINS, Jr., Commissioner of Motor Vehicles.

Court of Appeals of North Carolina.

October 1, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. William B. Ray, Raleigh, for defendant-appellant.

Van Winkle, Buck, Wall, Starnes and Davis by Allan R. Tarleton, Asheville, for plaintiff-appellee.

COZORT, Judge.

The plaintiff instituted this action to recover a penalty of $800.00 which had been assessed against it for operating a vehicle on the highway with a gross weight exceeding the weight for which it was licensed. The statutory scheme set forth in G.S. 20-96 and G.S. 20-118 for assessing and collecting penalties for overweight vehicles did not provide for a penalty to be assessed for a vehicle exceeding its license weight limit. The court granted plaintiff...

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