STATE v. WILLIAMS AND HESSEE

No. 8015SC1178.

281 S.E.2d 721 (1981)

STATE of North Carolina v. WILLIAMS AND HESSEE, A Limited Partnership; Irvin P. Breedlove, Jr., Trustee; Claude B. Williams, Jr., and wife, Jerry W. Williams.

Court of Appeals of North Carolina.

September 15, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Roy A. Giles, Jr., and Sp. Deputy Atty. Gen. T. Buie Costen, Raleigh, for the State.

Eugene C. Brooks, III, Durham, for defendants-appellants.


CLARK, Judge.

Defendants first argue that the State did not have the right to acquire their property for the purpose as set forth in the complaint. The exhibits attached to the complaint indicated that the purpose for taking the property was the "Expansion of Eno River State Park." Defendants specifically argue that a strict interpretation of G.S. 146-22.1(5), which provides for the condemnation of "[l]ands necessary for public parks and forestry purposes," does not...

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