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WILLIAMS v. STATE HIGHWAY COMMISSION

No. 101.

113 S.E.2d 263 (1960)

252 N.C. 141

George G. WILLIAMS, Petitioner, v. STATE HIGHWAY COMMISSION, Respondent.

Supreme Court of North Carolina.

March 16, 1960.

Attorney(s) appearing for the Case

Williams, Williams & Morris, Asheville, for plaintiff, appellant.

T. W. Bruton, Atty. Gen., Kenneth Wooten, Jr., Asst. Atty. Gen., Andrew H. McDaniel, Raleigh, Trial Atty., and Harkins, Van Winkle, Walton & Buck, Asheville, Associate Counsel, for defendant, appellee.

PARKER, Justice.

Petitioner instituted a special proceeding before the Clerk of the Superior Court of Buncombe County under G.S. § 40-11 et seq., to recover compensation for the entire taking by respondent under G.S. § 136-19 of a whole leasehold estate owned by petitioner in a store building and premises on Montford Avenue in the city of Asheville. The lease was for five years, commencing on 1 September 1956.

While petitioner was in possession of...

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