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

No. 24.

173 S.E.2d 909 (1970)

276 N.C. 556

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

Supreme Court of North Carolina.

May 13, 1970.

Attorney(s) appearing for the Case

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

Bennett, Kelly & Long, Asheville, for defendant appellant.

SHARP, Justice.

Defendant bases its right of appeal to this Court upon the premise that plaintiff's taking of the .074-acre tract in dispute involves a substantial constitutional question. State v. Colson, 274 N.C. 295, 163 S.E.2d 376, cert. denied, 393 U.S. 1087, 89 S.Ct. 876, 21 L.Ed.2d 780. The appeal presents this question: In building a controlled-access highway, is the State Highway Commission...

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