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BOARD OF TRANSP. v. MARTIN

No. 24.

249 S.E.2d 390 (1978)

296 N.C. 20

BOARD OF TRANSPORTATION v. David J. MARTIN and wife, Marilyn B. Martin, W. G. Parker, Trustee, L. Carl Liles, Dillard Powell, Substitute Trustee, The Carolina Bank, C. Thomas Biggs, Trustee, Home Savings & Loan Association, John K. Culbertson, Trustee, North Carolina National Bank, Southern National Bank of North Carolina, Carolina Builders Corporation, First Citizens Bank & Trust Company, Reynolds Metal Company, County of Wake, Town of Cary, White Packing Company, Inc., Friedrich Refrigerators, Inc., United States of America and its agency, Department of the Treasury, Internal Revenue Service, City of Raleigh, Central Carolina Bank & Trust Company, Earl J. Latta, Inc., Guarantee State Bank, Trustee.

Supreme Court of North Carolina.

November 28, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. R. W. Newsom, III, Raleigh, for the State.

Maupin, Taylor & Ellis by Richard C. Titus and Thomas F. Ellis, Raleigh, for defendants-appellees Martin.

BRITT, Justice.

Plaintiff did not except to any fact found by the trial court. Thus, the question presented is whether the court erred in its conclusions of law and in entering an order thereon. Hinson v. Jefferson, 287 N.C. 422, 215 S.E.2d 102 (1975). The court concluded (1) that the parcel of land owned by South Hills Shopping Center, Inc., (South Hills) and the parcel of land owned by defendants...

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