BERTA v. STATE HIGHWAY COMMISSION

No. 7729SC665.

245 S.E.2d 409 (1978)

36 N.C. App. 749

In the Matter of Joseph T. BERTA v. North Carolina STATE HIGHWAY COMMISSION.

Court of Appeals of North Carolina.

June 20, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Special Deputy Atty. Gen. James B. Richmond, Raleigh, for the State.

Poyner, Geraghty, Hartsfield & Townsend, by Cecil W. Harrison, Jr., Raleigh, for plaintiff-appellee, estate of Joseph T. Berta.

Prince, Youngblood & Massagee, by James E. Creekman, Hendersonville, for intervenor-appellants, Nellie Bowler and husband, William Bowler.


BRITT, Judge.

Did the trial court err in denying appellants' motion to intervene in this action? We hold that it did not.

Appellants concede that if this action had been instituted by defendant pursuant to G.S. 136-104, they would have no right to intervene since that statute provides that title vests in the Board of Transportation when it files the complaint and declaration of taking and deposits the estimated...

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