Capital Outdoor, Inc. v. Tolson

GEER, Judge.

Petitioners appeal from an order granting respondents’ motion for summary judgment. This appeal involves primarily a facial constitutional challenge to N.C. Admin. Code tit. 19A, r. 2E.0203(l)(f) (December 1990). This regulation originally provided: “The height of any portion of the sign structure as measured vertically from the adjacent edge of pavement of the main traveled way shall not exceed 50-feet.” 1 We affirm the trial court’s granting of respondents’ motion for summary judgment, holding that petitioners failed to establish the existence of genuine issues of material fact…