Daily Express, Inc. v. Beatty

ERVIN, Judge.

Respondent Bryan E. Beatty, Secretary of Crime Control and Public Safety, on behalf of the North Carolina Department of Crime Control & Public Safety, Division of State Highway Patrol, appeals from a memorandum opinion and order entered 13 August 2008 granting a motion for summary judgment filed by Petitioner Daily Express, Inc.; denying Respondent’s motion for summary judgment; ordering Respondent to “refund to Petitioner the full amount of the civil penalty assessed ... in the amount of $24,208.00 . . . plus interestf;]” and ordering Respondent to “pay . . . Petitioner its…