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GREENSBORO-HIGH POINT AIRPORT AUTHORITY v. IRVIN

No. 68SC235.

163 S.E.2d 118 (1968)

2 N.C. App. 341

GREENSBORO-HIGH POINT AIRPORT AUTHORITY v. John L. IRVIN and wife, Helen A. Irvin; Charles W. Irvin, Jr., and wife, Mary S. Irvin; Doris L. Egerton and husband, George C. Egerton; and Pearl T. Irvin.

Court of Appeals of North Carolina.

September 18, 1968.

Attorney(s) appearing for the Case

Booth, Osteen, Fish, Adams & Dameron, by William L. Osteen, Greensboro, for petitioner appellant.

Turner, Rollins, Rollins & Suggs, by Thomas Turner and Clyde T. Rollins, Greensboro, for respondent appellees.

BRITT, Judge.

The question presented by this appeal is: Was the petitioner entitled to the use of the property which it seeks to take to the extent of cutting and trimming trees thereon pending the appeal by respondents to the Superior Court on the issues of necessity, authority to condemn, and adequacy of compensation?

The answer to the question depends upon the construction of the following portions of G.S. § 40-19:

If the said corporation...

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