Powell v. North Carolina Department of Transportation

BRYANT, Judge.

Where adequate standards are provided, the General Assembly’s delegation of authority to the Department of Transportation (“DOT”) to promulgate rules regulating' outdoor advertising is not unlawful. Where a party does not raise his constitutional arguments in the trial court, they will not be considered on appeal. However, where DOT’s final agency decision fails to show a sufficient connection between those persons who violated its rules and the petitioner whose permit was revoked, the superior court errs in granting summary judgment to DOT. Further, where a superior court’s…