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Department of Transportation v. Fox

Supreme Court of North Carolina
Nov 1, 1990
397 S.E.2d 512 (N.C. 1990)

Opinion

No. 185A90

Filed 8 November 1990

APPEAL by defendants pursuant to N.C.G.S. 7A-30 (2) from the decision of a divided panel of the Court of Appeals, 98 N.C. App. 61, 389 S.E.2d 640 (1990), awarding plaintiff a new trial in a condemnation action tried by Read, J., at the 23 January 1989 Civil Session of Superior Court, PERSON County, in which judgment was entered on 8 February 1989 awarding defendants damages in the sum of $150,000.00 plus interest and costs. Heard in the Supreme Court 11 October 1990.

Lacy H. Thornburg, Attorney General, by Thomas B. Wood and David R. Minges, Assistant Attorneys General, for plaintiff-appellee.

Maxwell Hutson, P.A., by James B. Maxwell and John C. Martin, for defendant-appellants.


For the reasons stated in the opinion by Arnold, J., for the Court of Appeals, relating to the issue arising under Power Co. v. Winebarger, 300 N.C. 57, 265 S.E.2d 227 (1980), the decision of the Court of Appeals is affirmed.

Affirmed.


Summaries of

Department of Transportation v. Fox

Supreme Court of North Carolina
Nov 1, 1990
397 S.E.2d 512 (N.C. 1990)
Case details for

Department of Transportation v. Fox

Case Details

Full title:DEPARTMENT OF TRANSPORTATION v. BETTY M. FOX, INDIVIDUALLY AND AS…

Court:Supreme Court of North Carolina

Date published: Nov 1, 1990

Citations

397 S.E.2d 512 (N.C. 1990)
397 S.E.2d 512