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CAPITAL OUTDOOR, INC. v. TOLSON

No. COA02-94.

582 S.E.2d 717 (2003)

CAPITAL OUTDOOR, INC., Horizon Outdoor Advertising, Inc.; Morris Communications Corp., d/b/a Fairway Outdoor Advertising; Lamar Advertising of Mobile, Inc.; Signature Outdoor Advertising, Inc.; and Unistar Outdoor Advertising, Inc., Petitioners, v. E. Norris TOLSON, as Secretary of the Department of Transportation of the State of North Carolina, Respondent. Adams Outdoor Advertising of Charlotte, a Minnesota Limited Partnership, Petitioner, v. David McCoy, Secretary of the Department of Transportation of the State of North Carolina, Respondent. Capital Outdoor, Inc., Petitioner, v. David McCoy, Secretary of the Department of Transportation of the State of North Carolina, Respondent. Dasco Enterprises, Inc., Petitioner, v. David McCoy, Secretary of the Department of Transportation of the State of North Carolina, Respondent. Morris Communications Corp., d/b/a Fairway Outdoor Advertising of the Triad, Petitioner, v. David McCoy, Secretary of the Department of Transportation of the State of North Carolina, Respondent.

Court of Appeals of North Carolina.

July 15, 2003.

Attorney(s) appearing for the Case

Waller, Stroud, Stewart & Araneda, LLP, by Betty Strother Waller, for petitioners-appellants.

Attorney General Roy Cooper, by Assistant Attorney General Gaines M. Weaver, for respondents-appellees.

GEER, Judge.

Petitioners appeal from an order granting respondents' motion for summary judgment. This appeal involves primarily a facial constitutional challenge to N.C. Admin. Code tit. 19A, r. 2E.0203(1)(f) (December 1990). This regulation originally provided: "The height of any portion of the sign structure as measured vertically from the adjacent edge of pavement of the main traveled way shall not exceed 50 feet." 1 We affirm the trial...

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