BOARD OF TRANSP. v. BROWN

No. 7628SC1019.

237 S.E.2d 854 (1977)

BOARD OF TRANSPORTATION, Substituted Plaintiff v. Neil E. BROWN and wife, Ingrid S. Brown.

Court of Appeals of North Carolina.

October 19, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Senior Deputy Atty. Gen. R. Bruce White, Jr., and Asst. Atty. Gen. Alfred N. Salley, Raleigh, for the Board of Transportation.

Lentz & Ball by Ervin L. Ball, Jr., Long, McClure & Dodd by Robert B. Long, Jr., Asheville, for defendant-appellants.


CLARK, Judge.

The defendants assign as error the exclusion by the trial court of evidence of traffic noise from the controlled-access highway to be constructed on part of their land taken by the petitioner, causing a diminution in value of their remaining land.

This issue was properly raised by the defendants. The record on appeal reveals that defendant Neil E. Brown testified, in pertinent part, and the court ruled, as follows:

"[A]nd there's going...

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