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NORTH CAROLINA ST.HY.COM'N v. ASHEVILLE SCHOOL, INC.

No. 6928SC132.

169 S.E.2d 193 (1969)

5 N.C. App. 684

NORTH CAROLINA STATE HIGHWAY COMMISSION v. ASHEVILLE SCHOOL, INC.

Court of Appeals of North Carolina.

August 27, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Deputy Atty. Gen. Harrison Lewis and Trial Atty. I. B. Hudson, Jr., Raleigh, for the State.

Bennett, Kelly & Long, by Harold K. Bennett, Asheville, for defendant appellee.

FRANK M. PARKER, Judge.

The plaintiff's exceptions and assignments of error raise the following question: Was the taking of the property in question in connection with a controlled access highway project and for the sole purpose of providing a private driveway into property that had been landlocked by the same project, a taking for a "public use" ?

We note that the disputed area contains.074 acres of the 5.78 acres...

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