BOARD OF TRANSP. v. ROYSTER

No. 7810SC273.

251 S.E.2d 921 (1979)

BOARD OF TRANSPORTATION v. R. Maynard ROYSTER and wife, Grace T. Royster, County of Wake.

Court of Appeals of North Carolina.

February 20, 1979.


Attorney(s) appearing for the Case

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

Teague, Johnson, Patterson, Dilthey & Clay by Robert W. Kaylor, Raleigh, for defendants-appellants.


CLARK, Judge.

The defendants assign as error the trial court's denial of their motion to strike the Board of Transportation's second amended complaint and declaration of taking of Tract "B" by adding Tract "A", contending that by adding the separate tract, not contiguous to the Tract "B", a different and separate condemnation proceeding was instituted without strict adherence to the requirements of G.S. 136-103.

It is clear from the record on appeal that defendants...

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