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PRESTIGE REALTY CO. v. STATE HIGHWAY COMMISSION

No. 67SC24.

160 S.E.2d 83 (1968)

1 N.C. App. 82

PRESTIGE REALTY COMPANY, Petitioner, v. STATE HIGHWAY COMMISSION, Respondent.

Court of Appeals of North Carolina.

March 20, 1968.

Attorney(s) appearing for the Case

Atty. Gen. T. Wade Bruton, Deputy Atty. Gen. Harrison Lewis and Asst. Atty. Gen. Henry T. Rosser, Raleigh, for respondent appellant.

Walser, Brinkley, Walser & McGirt, by Gaither S. Walser, Lexington, Sowers, Avery & Crosswhite, by Neil S. Sowers, Statesville, and Kenneth D. Thomas, Hickory, for petitioner appellee.

BROCK, Judge.

Interstate Highway 40 (formerly U. S. Highway 64 Bypass around the City of Statesville) at the location in question on this appeal is a controlled access highway (G.S. § 136-89.49(2)); and is so treated by both parties in this controversy. The petitioner does not question the authority of the State Highway Commission to close its access road to U. S. Highway 64 Bypass (now Interstate 40). There can be no doubt of the authority of the State Highway...

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