Cain v. North Carolina Department of Transportation

I concur in the result of the majority. There was substantial evidence of a “sufficient connection” between the permit holder and his lessee, the person who cut the vegetation, to uphold the revocation of the permit. I disagree with the majority that it is irrelevant whether Sunshine Outdoor or Café Risque hired the violators.

At the hearing below, the Secretary of Transportation found that Richard Marshburn (“Marshburn”), agent for Sunshine Outdoor, authorized and hired Danny Moore (“Moore”), the party who cut the vegetation without a permit. This finding of fact is supported by: (1) a memo…