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NORTH CAROLINA STATE HIGHWAY COMMISSION v. WORTMAN

No. 6818SC341.

167 S.E.2d 462 (1969)

4 N.C. App. 546

NORTH CAROLINA STATE HIGHWAY COMMISSION v. Lothar WORTMAN and wife, Anita M. Wortman.

Court of Appeals of North Carolina.

May 28, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Thomas Wade Bruton, Deputy Atty. Gen. Harrison Lewis, Trial Atty. J. Bruce Morton, Raleigh, and Associate Counsel Eugene G. Shaw, Jr., Greensboro, for plaintiff appellee.

Morgan, Byerly, Post & Keziah, by J. V. Morgan, High Point, for defendants appellants.

FRANK M. PARKER, Judge.

Defendants assign as error the trial court's adjudication that at the time of commencement of the present condemnation proceeding defendants' property was already subject to an easement of the North Carolina State Highway Commission for a right-of-way extending to a line located 152 feet to the east of and running parallel with the center line of the pavement of U.S. Highway No. 29 as it existed prior to construction of the new project. The...

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