672 S.E.2d 783 (2009)
EARTHMOVERS EQUIPMENT CO.
No. COA08-693.
EARTHMOVERS EQUIPMENT CO.
v.
NORTH CAROLINA DEPT. OF CRIME CONTROL AND PUBLIC SAFETY, DIV. OF STATE HIGHWAY PATROL.
No. COA08-693.
Court of Appeals of North Carolina.
Filed February 3, 2009. Certification Date February 23, 2009.Case reported without published opinion. Affirmed.