GUYTON v. NORTH CAROLINA BD. OF TRANSP.

No. 7513SC905.

226 S.E.2d 175 (1976)

30 N.C. App. 87

Dural GUYTON and wife Esther Sue Guyton v. NORTH CAROLINA BOARD OF TRANSPORTATION.

Court of Appeals of North Carolina.

July 7, 1976.


Attorney(s) appearing for the Case

Frink, Foy & Gainey by A. H. Gainey, Jr. and Narley Cashwell, Southport, for plaintiffs-appellants.

Atty. Gen. Rufus L. Edmisten by Associate Atty. Henry H. Burgwyn, Raleigh, for defendant-appellee.


PARKER, Judge.

Plaintiffs contend the trial court's denial of their motion for a temporary restraining order was error. They argue that the excavation and removal of the old roadway of N.C. Highway No. 133 would constitute a taking of their property which would not be for a public purpose and that injunctive relief is proper to keep a government agency from abusing its powers. We do not agree.

The owner of land which abuts a highway is recognized to have a...

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