DUKE POWER CO. v. MOM `N' POPS HAM HOUSE, INC.

No. 7825SC1146.

258 S.E.2d 815 (1979)

DUKE POWER COMPANY v. MOM `N' POPS HAM HOUSE, INC.; John W. Ervin, Jr., Trustee for Northwestern Bank; and Northwestern Bank.

Court of Appeals of North Carolina.

October 16, 1979.


Attorney(s) appearing for the Case

Patrick, Harper & Dixon by Stephen M. Thomas, Hickory, and William I. Ward, Jr., Charlotte, for petitioner-appellant.

Simpson, Baker & Aycock by Samuel E. Aycock, and Daniel R. Simpson, Morganton, for respondents-appellees.


HILL, Judge.

Three questions are presented for review by this Court as follows:

1. Did the trial court's rulings on the petitioner's motion in limine and the respondents' offer of evidence allow the jury improperly to consider possible specific further uses of the respondents' property in reaching its verdict?

In condemnation proceedings, the determinative question is: In its condition on the day of taking, what was the value of the land for...

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