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TOWN OF MOUNT OLIVE v. COWAN

No. 234.

69 S.E.2d 525 (1952)

235 N.C. 259

TOWN OF MOUNT OLIVE v. COWAN et ux.

Supreme Court of North Carolina.

March 19, 1952.

Attorney(s) appearing for the Case

Paul B. Edmundson, James N. Smith, Goldsboro, and J. Melville Broughton, Raleigh, for respondents, appellants.

Dees & Dees, Goldsboro, Charles O. Whitley and Julian T. Flythe, Mount Olive, for petitioner, appellee.

DENNY, Justice.

The charter of the Town of Mount Olive contains no provision authorizing it to condemn land for street purposes. Hence, the petitioner brought this proceeding pursuant to the provisions of G.S. §§ 160-204 and 160-205 which authorize municipalities to condemn land for various purposes.

The question raised and presented for decision on this appeal is whether a municipality may condemn a dwelling house, yard, kitchen or garden, or any...

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