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DAILY EXPRESS, INC. v. NCDCCPS

No. COA08-562.

671 S.E.2d 587 (2009)

DAILY EXPRESS, INC., Plaintiff v. NORTH CAROLINA DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, Division of State Highway Patrol, Defendant.

Court of Appeals of North Carolina.

February 3, 2009.

Attorney(s) appearing for the Case

Parker Poe Adams & Bernstein LLP, by Kevin L. Chignell and Susan L. Dunathan, Raleigh, for plaintiff-appellee.

Attorney General Roy A. Cooper, III, by Assistant Attorneys General John W. Congleton and Tamara S. Zmuda, for defendant-appellant.

ROBERT C. HUNTER, Judge.

This case arises out of a violation of N.C. Gen.Stat. § 20-119 (2007), whereby plaintiff trucking company was fined $500.00 for an operational violation of a special permit and $24,492.03 for a weight violation based on the statutory weight parameters of N.C. Gen. Stat. § 20-118 (2007). Pursuant to litigation, the trial court interpreted these two statutes, held that the $24,492.03 fine was unlawful, granted summary judgment for...

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