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BOARD OF TRANSP. v. BRYANT

No. 8118SC1200.

296 S.E.2d 814 (1982)

BOARD OF TRANSPORTATION v. James T. BRYANT, J. Howard Clark, James F. Kirkpatrick, Lawrence Z. Crockett and F.P. Bodenheimer, Jr. Trading and Doing Business as American Investment Company; O.T. Narf, Trustee; First Federal Savings and Loan Association; L.P. McLendon, Jr., Trustee; Jay F. Zook, Inc., and Howard Johnson Company, Licensor.

Court of Appeals of North Carolina.

November 2, 1982.

Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Sp. Deputy Atty. Gen., James B. Richmond, Raleigh, for petitioner-appellee.

Block, Meyland & Lloyd by Michael R. Pendergraft and A.L. Meyland, Greensboro, for defendants-appellants.

MORRIS, Chief Judge.

The first question for determination is whether the trial court erred in concluding that the Lauder right-of-way agreement did not reserve for defendants any right of direct access to the ramps leading to I-40 and reserved only abutters' rights of access to Pinecroft Road.

A right-of-way agreement similar to the Lauder right-of-way agreement was dealt with by the Supreme Court in Abdalla v. Highway Commission, 261...

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