KENCO PETROLEUM MARKETERS v. STATE HIGHWAY COM'N

No. 686.

152 S.E.2d 508 (1967)

269 N.C. 411

KENCO PETROLEUM MARKETERS, INC. v. STATE HIGHWAY COMMISSION.

Supreme Court of North Carolina.

February 3, 1967.


Attorney(s) appearing for the Case

Walser, Brinkley, Walser & McGirt, Lexington, for plaintiff appellant.

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harrison Lewis, Asst. Atty. Gen., Andrew, McDaniel and Seymour, Rollins & Rollins, Greensboro, for defendant appellee.


LAKE, Justice.

U.S. Highway 29-70 Bypass, at the location in question on this appeal, is a controlled access facility. G.S. § 136-89.49(2). There can be no doubt of the authority of the State Highway Commission, upon its finding that the construction and use of a driveway, affording direct access from adjoining property onto such highway, would be or is an obstruction to the free flow of traffic thereon, or a hazard to the safety of travelers upon the highway...

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