Morris Communications Corp. v. Board of Adjustment for Gastonia

CALABRIA, Judge.

The Board of Adjustment for the City of Gastonia (“respondent”) appeals a judgment entered 10 May 2002 reversing the determination of respondent prohibiting Morris Communications Corporation (“petitioner”) from replacing a frame and advertisement, on one of their billboards. For the reasons stated herein, we hold respondent’s interpretation of the city code permissible but that the code is preempted by State law to the extent it conflicts, accordingly, we affirm in part, and reverse in part the judgment of the Superior Court.

Petitioner has a valid, unexpired permit for the…