A unanimous N.C. Supreme Court has reversed the N.C. Court of Appeals and ruled against the state Department of Transportation in a Davidson County case involving the Driveway Permit Statute.
Writing for the court, Justice Paul Newby said DOT “exceeded its statutory authority” in 2005 by forcing the the developer of a lakefront subdivision at High Rock Lake to make improvements to a railroad crossing and to obtain the railroad owners’ consent to the improvements before securing driveway access to a public road a quarter mile away.
