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CITY OF WINSTON-SALEM v. TICKLE

No. 8121SC55.

281 S.E.2d 667 (1981)

CITY OF WINSTON-SALEM v. Katie S. Ziglar TICKLE (Widow), James N. Ziglar, Jr., and wife, Barbara C. Ziglar.

Court of Appeals of North Carolina.

September 1, 1981.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by Roddey M. Ligon, Jr., Winston-Salem, and City Attys. Ronald G. Seeber and Ralph D. Karpinos, Winston-Salem, for plaintiff-appellant.

Petree, Stockton, Robinson, Vaughn, Glaze & Maready by Dudley Humphrey, F. Joseph Treacy, Jr. and Gray Robinson, Winston-Salem, for defendants-appellees.

CLARK, Judge.

The issue in this case is which of the two measures of damages allowed in G.S. 136-112 should be applied in fixing compensation for the taking of Parcel A. The statute provides:

"The following shall be the measure of damages to be followed by the commissioners, jury or judge who determines the issue of damages: (1) Where only a part of a tract is taken, the measure of damages for said taking shall be the difference between the fair...

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