Al Smith Buick Co., Inc. v. Mazda Motor of America, Inc.

GREENE, Judge.

A1 Smith Buick Co., Inc., d/b/a A1 Smith Mazda (A1 Smith) appeals from the trial court’s order filed 4 May 1995, which affirmed the order of the Commissioner of the North Carolina Division of Motor Vehicles (Commissioner) which authorized Mazda Motor of America, Inc. (Mazda) to establish a dealership in Cary, North Carolina.

On 5 March 1990, Mazda notified A1 Smith, pursuant to N.C. Gen. Stat. § 20-305(5), of its intent to enter a franchise agreement, establishing a new Mazda dealership in Cary, North Carolina. A1 Smith filed a petition protesting the new dealership with the…