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DANNY'S TOWING v. DEPT. OF CRIME CONTROL

No. COA10-1498.

715 S.E.2d 176 (2011)

DANNY'S TOWING 2, INC., Doyle Sutton d/b/a Doyle's Garage and Wrecker, Donnie Sutton d/b/a Sutton Automotive and Wrecker Service, Brenda Edwards d/b/a B & H Towing, Ramdog Enterprises, LLC, James Autrey d/b/a Moe Bandy, Domestic Auto, Inc., Henry Grasty d/b/a Grasty's Service Center, Steve Miller d/b/a Rabbit Skin Wrecker, Thomas Sutton d/b/a Elk Towing, and Chris Higel d/b/a Anytime Towing, Plaintiffs, v. The NORTH CAROLINA DEPARTMENT OF CRIME CONTROL and PUBLIC SAFETY, and its agent, North Carolina Highway Patrol and Troop G, District V, Defendants.

Court of Appeals of North Carolina.

July 19, 2011.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Special Deputy Attorney General Hal F. Askins , and Assistant Attorney General Tamara Zmuda , for Defendants.

McLean Law Firm, P.A., Waynesville, by Russell L. McLean, III , for Plaintiffs.

STEPHENS, Judge.

This appeal arises from a challenge to the latest version of the rules governing the North Carolina State Highway Patrol's wrecker rotation program, a voluntary program that uses private wreckers to tow disabled, seized, wrecked, and abandoned vehicles when a vehicle owner cannot or will not request a towing company. On 22 January 2009, Plaintiffs Danny's Towing 2, Inc., Doyle Sutton d/b/a Doyle's Garage...

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