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STATE HIGHWAY COMMISSION v. THORNTON

No. 855.

156 S.E.2d 248 (1967)

271 N.C. 227

STATE HIGHWAY COMMISSION v. William A. THORNTON and wife, Pauline Coble Thornton.

Supreme Court of North Carolina.

August 25, 1967.

Attorney(s) appearing for the Case

Atty. Gen. Wade Bruton, Deputy Atty. Gen. Harrison Lewis, Trial Attys. T. Buie Costen, Wm. F. Briley, and Associate Counsel Kenneth W. Young, for plaintiff appellant.

Ross, Wood & Dodge, Graham, for defendant appellees.

LAKE, Justice.

The Highway Commission contends that its action in improving and enlarging the old roadway, 30 feet in width, was an acceptance of the defendants' dedication of this strip of their land to the use of the public as a road. If so, the defendants, as to this part of their land, would be entitled neither to injunctive relief nor to compensation. However, the superior court concluded that the defendants had made no such dedication. This conclusion is supported...

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