DEPARTMENT OF TRANSP. v. WINSTON CONTAINER CO.

No. 7926SC727.

263 S.E.2d 830 (1980)

DEPARTMENT OF TRANSPORTATION v. WINSTON CONTAINER COMPANY (formerly Jackson-Winston Container Company); James F. Justice, Trustee; and John N. Jackson.

Court of Appeals of North Carolina.

March 18, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Gen., Eugene A. Smith and Asst. Atty. Gen., James E. Magner, Jr., Raleigh, for plaintiff-appellee.

Joseph W. Grier, Jr. and Irvin W. Hankins, III, Charlotte, for defendants-appellants.


PARKER, Judge.

The sole question presented is whether the court erred in denying defendant's petition that it be awarded its attorney, appraisal, and engineering fees as part of the costs to be taxed against the plaintiff. We find no error.

At the outset we note that litigation expenses and costs, including those incurred by a landowner in a condemnation proceeding, may be taxed only if authorized by statute. City of Charlotte v. McNeely, 281 N.C. 684...

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