Morris Communications Corp. v. Board of Adjustment for Gastonia

I concur with part II of the majority’s opinion holding that the ordinance is preempted by State DOT regulations. Affirming for petitioner on preemption is sufficient without further addressing the trial court’s interpretation of the ordinance. Since the majority reaches and reverses the trial court’s interpretation of the ordinance, I address that issue as it affects other signs in the city which fall out*606side of DOT preemption. I respectfully dissent from the majority’s holding that defers to the Board’s interpretation of the ordinance and reverses that portion of the superior court’s…