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REDEVELOPMENT COM'N OF CITY OF WASHINGTON v. GRIMES

No. 48.

178 S.E.2d 345 (1971)

277 N.C. 634

REDEVELOPMENT COMMISSION OF the CITY OF WASHINGTON, North Carolina v. Bryan GRIMES and wife, Bobby H. Grimes; and Junius D. Grimes, Jr. and wife, Lily G. Grimes.

Supreme Court of North Carolina.

January 20, 1971.

Attorney(s) appearing for the Case

Mayo & Mayo, by William P. Mayo, and LeRoy Scott, Washington, for plaintiff petitioner.

Wilkinson & Vosburgh, by John A. Wilkinson, Washington, for Bryan Grimes and wife, defendant respondents.

Carter & Ross, by W. B. Carter, Washington, for Junius D. Grimes, Jr. and wife, defendant respondents.

BRANCH, Justice:

The power of eminent domain is exercised by a redevelopment commission pursuant to G.S. Chapter 40, Article 2, and Chapter 160, Article 37. Therefore, when the pleadings present issuable matter, the cause is not transferred to the Civil Issue Docket, but the clerk first passes on the questions presented after hearing evidence from all parties. If the clerk decides that petitioners cannot proceed...

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