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LAUTENSCHLAGER v. BOARD OF TRANSPORTATION

No. 7417SC921.

212 S.E.2d 551 (1975)

25 N.C. App. 228

Charles F. LAUTENSCHLAGER (now deceased) and wife, Mildred Lautenschlager, Plaintiffs, v. BOARD OF TRANSPORTATION (formerly North Carolina State Highway Commission), Substituted Defendant.

Court of Appeals of North Carolina.

Certiorari Denied May 6, 1975.

Attorney(s) appearing for the Case

Dees, Johnson, Tart, Giles & Tedder by J. Sam Johnson, Jr., Greensboro, for plaintiff appellant.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen., H. A. Cole, Jr., Raleigh, for defendant appellee.

Certiorari Denied by Supreme Court May 6, 1975.

VAUGHN, Judge.

Plaintiff stressfully contends that she is entitled to a jury trial on all questions of fact.

G.S. § 136-108 expressly provides that when the Board of Transportation institutes a condemnation action the judge shall hear and determine all issues raised by the pleadings other than the issue of damages.

Here the Board did not institute the action or file a declaration of taking...

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