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MORRIS COMMUNICATIONS v. BD. OF ADJ.

No. COA02-1233.

583 S.E.2d 419 (2003)

MORRIS COMMUNICATIONS CORPORATION d/b/a Fairway Outdoor Advertising, Petitioner, v. The BOARD OF ADJUSTMENT FOR THE CITY OF GASTONIA, Respondent.

Court of Appeals of North Carolina.

August 5, 2003.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes and Davis, P.A., by Craig D. Justus, Asheville, for petitioner-appellee.

L. Ashley Smith and Melissa A. Magee, Gastonia, for respondent-appellant.

CALABRIA, Judge.

The Board of Adjustment for the City of Gastonia ("respondent") appeals a judgment entered 10 May 2002 reversing the determination of respondent prohibiting Morris Communications Corporation ("petitioner") from replacing a frame and advertisement, on one of their billboards. For the reasons stated herein, we hold respondent's interpretation of the city code permissible but that the code is preempted by State law to the extent it conflicts, accordingly...

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