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STATE v. CORE BANKS CLUB PROPERTIES, INC.

No. 19.

167 S.E.2d 385 (1969)

275 N.C. 328

STATE of North Carolina v. CORE BANKS CLUB PROPERTIES, INC.

Supreme Court of North Carolina.

May 19, 1969.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., Parks H. Icenhour, Asst. Atty. Gen., Rafford E. Jones, Raleigh, Real Property Attorney, for the State.

McLendon, Brim, Brooks, Pierce & Daniels, by Hubert Humphrey, Greensboro, for defendant appellee.

SHARP, Judge.

Defendant demurs to the complaint upon the following grounds: (1) It discloses no statutory authority for the State to condemn its property for the purpose alleged—a federally owned park; (2) it reveals that the condemnation is not for a State public use; and (3) it fails to allege compliance with statutory requirements, which are conditions precedent to the institution of this action.

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