No. 6916SC188.

167 S.E.2d 58 (1969)

4 N.C. App. 354

Charles David McNEILL and wife, Margaret P. McNeill v. NORTH CAROLINA STATE HIGHWAY COMMISSION.

Court of Appeals of North Carolina.

April 30, 1969.

Attorney(s) appearing for the Case

Nye & Mitchell by Charles B. Nye, Durham, for plaintiff appellees.

Atty. Gen. Robert Morgan, Deputy Atty. Gen. Harrison Lewis and Asst. Atty. Gen. Andrew McDaniel, for defendant appellant.


The question presented for determination is whether the plaintiffs had a property right which was taken or destroyed when the Commission permanently removed access to Interstate at Survey Station 131 + 70.

The Commission's first contention is that no property rights were created in the original grantors in Survey Stations 167 + 73.9 and 131 + 70 because the Commission did not intend to create such rights. It is argued that the agreement did...

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