BD. OF TRANSP. v. CHARLOTTE PARK & REC. COM'N

No. 7826SC59.

248 S.E.2d 909 (1978)

38 N.C. App. 708

BOARD OF TRANSPORTATION v. CHARLOTTE PARK AND RECREATION COMMISSION, A. L. Purrington, Jr., Joseph B. Cheshire, Jr., Henry Haywood, Jr., Trustees of the Diocese of North Carolina of the Protestant Episcopal Church, Rt. Rev. Thomas A. Frazier, Bishop of the Diocese of North Carolina of the Protestant Episcopal Church, Defendants.

Court of Appeals of North Carolina.

November 21, 1978.


Attorney(s) appearing for the Case

Moore & Van Allen by James O. Moore and Jeffrey J. Davis, Charlotte, for defendants-appellants.

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by William L. Rikard, Jr., Charleston, for defendants-appellees.


ARNOLD, Judge.

The Diocese first argues that the Commission and the City of Charlotte were not separate entities, and therefore a decision by the City to condemn the park land for street location was in effect a decision by the Commission to alter the use of the land, bringing the restrictive clause of the deed into play. In connection with this argument the Diocese asserts that the City is merely trying to avoid its obligations by agreeing with the State for the...

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