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MCC OUTDOOR, LLC v. TOWN OF WAKE FOREST

No. COA11-1279.

729 S.E.2d 694 (2012)

MCC OUTDOOR, LLC d/b/a Fairway Outdoor Advertising, Plaintiff, v. The TOWN OF WAKE FOREST, North Carolina, Defendant.

Court of Appeals of North Carolina.

August 7, 2012.

Attorney(s) appearing for the Case

Wilson & Ratledge, PLLC, Durham, by Reginald B. Gillespie, Jr. , for plaintiff.

Wyrick Robbins Yates & Ponton LLP, Raleigh, by K. Edward Greene , Charles George , and Tobias S. Hampson , for defendant.

ELMORE, Judge.

The Town of Wake Forest (defendant or the Town) appeals from an order entering summary judgment in favor of MCC Outdoor, LLC d/b/a Fairway Outdoor Advertising (plaintiff). Because there are genuine issues of material fact, summary judgment was not appropriate for either party, and we reverse the order of the trial court and remand for further proceedings.

This case revolves around a billboard that was situated along Route 1 in Wake Forest for...

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