Whiteheart v. Waller

CALABRIA, Judge.

William Whiteheart d/b/a Whiteheart Advertising Company (“plaintiff’) appeals an order dismissing his complaint pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. We affirm the trial court.

Plaintiff is in the business of billboard advertising on the highways of North Carolina. Beginning in 1983, the predecessor to plaintiff’s company maintained a billboard on Interstate 77, near Statesville, North Carolina, located on land owned by a predecessor of the Beroth Oil Company (“Beroth”). The original lease for this billboard expired on 30 June 1998. The lease…