PELHAM REALTY CORP. v. BOARD OF TRANSP.

No. 8017SC463.

272 S.E.2d 777 (1980)

PELHAM REALTY CORPORATION and Modelle Scism v. The BOARD OF TRANSPORTATION (formerly State Highway Commission) of the State of North Carolina.

Court of Appeals of North Carolina.

December 16, 1980.


Attorney(s) appearing for the Case

Tuggle, Duggins, Meschan, Thornton & Elrod, P. A. by David F. Meschan, Greensboro, for plaintiffs-appellants.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Charles M. Hensey, Raleigh, for the State.


WELLS, Judge.

To put this dispute in clear perspective, we note that Judge Long's first conclusion of law was as follows: "1. Pursuant to G.S. 136-89.55, the Department of Transportation may construct such service road as in its opinion are [sic] necessary or desirable."

Article 6D of Chapter 136 of the General Statutes, entitled Controlled-Access Facilities, is the source of authority under which the Department may construct and maintain "a State highway...

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