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KIRBY v. NORTH CAROLINA DEPT. OF TRANSP.

No. COA14-184.

769 S.E.2d 218 (2015)

Everette E. KIRBY and Wife, Martha Kirby; Harris Triad Homes, Inc.; Michael Hendrix, as Executor of the Estate of Frances Hendrix; Darren Engelkemier; Ian Hutagalung; Sylvia Maendl; Steven David Stept; James W. Nelson and wife, Phyllis H. Nelson; and Republic Properties, LLC, a North Carolina company (Group 1 Plaintiffs), Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Defendant.

Court of Appeals of North Carolina.

February 17, 2015.

Attorney(s) appearing for the Case

Hendrick Bryant Nerhood & Otis, LLP, by Matthew H. Bryant , T. Paul Hendrick , Timothy Nerhood , and Kenneth C. Otis, III , for Plaintiffs.

Attorney General Roy Cooper , by Special Deputy Attorney General Dahr Joseph Tanoury and Assistant Attorney General John F. Oates, Jr. , for Defendant.

Everette E. and Martha Kirby ("Mr. and Mrs. Kirby"), Harris Triad Homes, Inc. ("Harris Triad"), Michael Hendrix, as Executor of the Estate of Frances Hendrix ("the Hendrix Estate"), Darren Engelkemier ("Mr. Engelkemier"), Ian Hutagalung ("Mr. Hutagalung"), Sylvia Maendl ("Ms. Maendl"), Steven David Stept ("Mr. Stept"), James...

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