MORRIS COMMUNICATIONS v. CITY OF ASHEVILLE

No. COA00-219.

551 S.E.2d 508 (2001)

MORRIS COMMUNICATIONS CORPORATION, d/b/a Fairway Outdoor Advertising; Outdoor Communications, Inc.; and Maple Cove, Inc., Plaintiffs, v. The CITY OF ASHEVILLE, a North Carolina municipal corporation, Defendant.

Court of Appeals of North Carolina.

August 21, 2001.


Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes and Davis, P.A., by Albert L. Sneed, Jr., and Craig D. Justus, Asheville, for plaintiff-appellee/cross-appellant Morris Communications, Inc.

Long, Parker, Warren & Jones, P.A., by Robert B. Long, Jr., and Philip S. Anderson, Asheville, for plaintiffs-appellees/cross-appellants Outdoor Communications, Inc., and Maple Cove, Inc.

Roberts & Stevens, P.A., by Sarah Patterson Brison Meldrum; Kilpatrick Stockton, LLP, by Robert C. Stephens; and Robert W. Oast, Jr., City Attorney, Asheville, for defendant-appellant/cross-appellee.


CAMPBELL, Judge.

Defendant appeals and plaintiffs cross appeal from an order of the trial court granting partial summary judgment to plaintiffs and denying defendant's motion for partial summary judgment. We affirm in part, reverse in part, and remand for further proceedings.

Plaintiffs, Morris Communications Corp., d/b/a Fairway Outdoor Advertising, Inc. (Fairway), Outdoor Communications, Inc. (OCI), and Maple Cove, Inc. (Maple), own and/or lease various...

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