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BROWN v. N.C. DIV. OF MOTOR VEHICLES

No. COA02-9.

573 S.E.2d 246 (2002)

Willie M. BROWN, David S. Bagley, Joan Bagley, Orris Cross, and Russell Anderson, on behalf of themselves and all others similarly situated, Plaintiffs, v. NORTH CAROLINA DIVISION OF MOTOR VEHICLES, Defendant.

Court of Appeals of North Carolina.

December 31, 2002.

Attorney(s) appearing for the Case

Patterson, Harkavy & Lawrence, LLP, by Melinda Lawrence and Burton Craige, Raleigh,; Peterson & Meyers, P.A., by Stephen R. Senn, Lakeland, FL, and Antonello & Fegers, P.A., by Robert Joseph Antonello, Winter Haven, FL, for plaintiffs-appellants.

Attorney General Roy Cooper, by Special Deputy Attorneys General James Peeler Smith and Hal F. Askins, for the State.

WALKER, Judge.

This action challenges defendant's fee for handicapped parking placards as being an unlawful surcharge in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 (1990). Plaintiffs originally filed suit in federal court on 7 August 1996. The U.S. District Court dismissed the action, and the Fourth Circuit Court of Appeals affirmed the dismissal. On 12 March 1999, while awaiting the Supreme Court's ruling on their motion for

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