East v. Harrelson

JOHN, Judge.

On 6 February 1996, this Court in an unpublished per curiam opinion, see Outdoor East v. Harrelson (COA94-1303), relied upon the majority opinion in Appalachian Poster Advertising Co. v. *686Harrington, 120 N.C. App. 72, 460 S.E.2d 887 (1995), to affirm the trial court’s conclusion in the case sub judice that

the authority delegated to the North Carolina Department of Transportation pursuant to N.C. Gen. Stat. 136-126, et. seq., does not include the authority to promulgate regulations governing nonconforming outdoor advertising located in areas other than zoned industrial or commercial…