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OUTDOOR EAST, L.P. v. HARRELSON

No. COA94-1303.

476 S.E.2d 136 (1996)

OUTDOOR EAST, L.P., a North Carolina Limited Partnership, Petitioner, v. Thomas J. HARRELSON, as Secretary of Transportation of the State of North Carolina, Respondent.

Court of Appeals of North Carolina.

September 3, 1996.

Attorney(s) appearing for the Case

Wilson & Waller by Betty S. Waller, Kenneth C. Haywood and Brian E. Upchurch, Raleigh, for petitioner.

Michael F. Easley, Attorney General by Grayson Kelley, Special Deputy Attorney General and Melanie Lewis Vtipil, Associate Attorney General, for respondent.

JOHN, Judge.

On 6 February 1996, this Court in an unpublished per curiam opinion, see Outdoor East v. Harrelson (COA94-1303), 121 N.C. App. 624, 470 S.E.2d 363, relied upon the majority opinion in Appalachian Poster Advertising Co. v. Harrington, 120 N.C. App. 72, 460 S.E.2d 887 (1995), to affirm the trial court's conclusion in the case sub judice that

the authority delegated to the North Carolina...

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