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WHITEHEART v. GARRETT

No. COA97-108.

493 S.E.2d 493 (1997)

William WHITEHEART, d/b/a Whiteheart Outdoor Advertising Company, Petitioner, v. Garland B. GARRETT, Jr., as Secretary of Transportation of the State of North Carolina, Respondent.

Court of Appeals of North Carolina.

December 2, 1997.

Attorney(s) appearing for the Case

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

Attorney General Michael F. Easley by Associate Attorney General Gaines M. Weaver, for respondent-appellant.

WALKER, Judge.

On 7 July 1995, petitioner Whiteheart (Whiteheart) applied for an outdoor advertising permit for a billboard owned by Whiteheart located near the intersection of Peter's Creek Parkway and I-40 Business in Winston-Salem. A measurement was made by an employee of the North Carolina Department of Transportation (NCDOT), for the district engineer, to determine whether the sign fell within the NCDOT's jurisdiction, as the NCDOT only controls outdoor advertising...

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