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PELHAM RLTY. CORP. v. BOARD OF TRANSP.

No. 120.

279 S.E.2d 826 (1981)

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

Supreme Court of North Carolina.

July 8, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Charles M. Hensey, Raleigh, for North Carolina Dept. of Transp., appellant.

Tuggle, Duggins, Meschan, Thornton & Elrod, P. A. by David F. Meschan, Greensboro, for appellees.

BRITT, Justice.

I.

After finding numerous facts, Judge Long made three conclusions of law: First, the Department has the authority, pursuant to G.S. § 136-89.55, to construct such service roads as in its opinion are necessary or desirable; second, the right-of-way which the Department seeks to acquire from plaintiffs is for a public road; and, third, the Department's exercise of its powers of condemnation in this case is for a public purpose. Each of...

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