CODY v. NORTH CAROLINA DEPT. OF TRANSP.

No. 7924SC560.

263 S.E.2d 334 (1980)

H. C. CODY and wife, Lena Jo Cody v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION and Asheville Contracting Company, Inc.

Court of Appeals of North Carolina.

March 4, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Guy A. Hamlin, Raleigh, for the State.

Bennett, Kelly & Cagle, by Harold K. Bennett, Asheville, for plaintiffs-appellants.


HARRY C. MARTIN, Judge.

The sole question for our review is whether the trial court erred in ruling that the Department of Transportation was not a necessary party to this action and in dismissing the action as to it. We hold the trial court did err in its decision.

Plaintiffs first elected to bring suit against the Department of Transportation under the inverse condemnation statute. They then asserted an additional claim against Asheville Contracting Company...

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