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NATIONAL ADVER. CO. v. N.C. DEPT. TRANSP.

No. COA95-1350.

478 S.E.2d 248 (1996)

NATIONAL ADVERTISING COMPANY and Whiteco Industries, Inc., T/A Whiteco Metrocom, Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Defendant.

Court of Appeals of North Carolina.

December 3, 1996.

Attorney(s) appearing for the Case

Wilson & Waller, P.A. by Betty S. Waller, Raleigh, for plaintiff-appellee.

Attorney General, Michael F. Easley by Assistant Attorney General, W. Richard Moore and Assistant Attorney General, Elizabeth N. Strickland, Raleigh, for defendant-appellant.

LEWIS, Judge.

Defendant appeals the trial court's grant of summary judgment for plaintiffs.

The following undisputed facts were presented at the summary judgment hearing:

Prior to August 1994, plaintiffs (hereinafter collectively "Whiteco") owned an outdoor advertising sign which was located adjacent to Interstate 95 on land owned by the J.W. Crew estate ("Crew estate"). In 1972, the Department of Transportation ("DOT") issued an advertising permit...

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