#### EASTWAY WRECKER SERVICE, INC. v. CITY OF CHARLOTTE

No. 467A04

(Filed 16 December 2005)

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 165 N.C. App. 639, 599 S.E.2d 410 (2004), affirming an order entered on 6 January 2003 by Judge Albert Diaz in Superior Court, Mecklenburg County. Heard in the Supreme Court 18 October 2005.

The Odom Firm, PLLC, by T. LaFontine Odom, Sr. and Thomas L. Odom, Jr., for plaintiff-appellant.

Office of the City Attorney, by Cynthia L. White, Senior Assistant City Attorney, and Moore & Van Allen, PLLC, by Daniel G. Clodfelter, for defendant-appellee.

PER CURIAM.

AFFIRMED.