Naegele Outdoor Advertising, Inc. v. Harrelson

Decision Date08 April 1994
Docket NumberNo. 455A93,455A93
Citation442 S.E.2d 32,336 N.C. 66
CourtNorth Carolina Supreme Court
PartiesNAEGELE OUTDOOR ADVERTISING, INC. v. Thomas J. HARRELSON, as Secretary of Transportation of the State of North Carolina.

Michael F. Easley, Atty. Gen. by Elizabeth N. Strickland, Asst. Atty. Gen., Raleigh, for respondent-appellant.

Wilson & Waller, P.A. by Betty S. Waller, Raleigh, for petitioner-appellee.

PER CURIAM.

For the reasons stated in the dissenting opinion for the Court of Appeals by Greene, J., the decision of the Court of Appeals, which affirmed the summary judgment for the petitioner entered by the Superior Court, Wake County, is reversed. The cause is remanded to the Court of Appeals for further remand to the Superior Court, Wake County, for the entry of summary judgment for the respondent.

REVERSED AND REMANDED.

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3 cases
  • Overton v. Camden County, COA02-275.
    • United States
    • North Carolina Court of Appeals
    • 31 Diciembre 2002
    ...However, when the enforcement action was brought by Camden County, the UDO had superceded the CCZO. In Naegele Outdoor Advertising v. Harrelson, 336 N.C. 66, 442 S.E.2d 32 (1994), our Supreme Court reversed the majority's decision from this Court which had stated that application for permit......
  • State v. Baker
    • United States
    • North Carolina Supreme Court
    • 8 Abril 1994
  • Durham v. Durham City/County Bd. of Adjustment, COA10–120.
    • United States
    • North Carolina Court of Appeals
    • 1 Marzo 2011
    ...Advertising v. Harrelson, 112 N.C.App. 98, 101–02, 434 S.E.2d 244, 246 (1993) (Greene, J., dissenting), rev'd per curium, 336 N.C. 66, 442 S.E.2d 32 (1994), had “reject[ed] the proposition that a court or board need not look at subsequent changes in the law when Board of Adjustment decision......

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