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STATE HIGHWAY COMMISSION v. BATTS

No. 286.

144 S.E.2d 126 (1965)

265 N.C. 346

STATE HIGHWAY COMMISSION v. J. B. BATTS and wife, Betty Joyner Batts.

Supreme Court of North Carolina.

September 29, 1965.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Harrison Lewis, and Trial Attorney Claude W. Harris, Raleigh, for North Carolina State Highway Commission, plaintiff appellee.

Don Evans, Rocky Mount, for defendant appellants.

PARKER, Justice.

Defendants first assign as error that Judge Bone erred in finding as a fact that on 6 June 1963 the State Highway Commission duly passed a resolution determining that it was necessary to appropriate an easement of right of way across the property of defendants herein for public use in the construction of Project 5.322, Nash County. Defendants' second assignment of error is that Judge Bone erred in his finding of fact No. 5 "That the appropriation...

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