LEA CO. v. NORTH CAROLINA BD. OF TRANSP.

No. 397PA82.

304 S.E.2d 164 (1983)

LEA COMPANY v. NORTH CAROLINA BOARD OF TRANSPORTATION.

Supreme Court of North Carolina.

July 7, 1983.


Attorney(s) appearing for the Case

Turner, Enochs & Sparrow, P.A. by C. Allen Foster, Greensboro, for plaintiff-appellee.

Rufus L. Edmisten, Atty. Gen. by James B. Richmond, Sp. Deputy Atty. Gen., Raleigh, and Nichols, Caffrey, Hill, Evans & Murrelle by Lindsay R. Davis, Jr., Greensboro, for defendant-appellant.


MITCHELL, Justice.

This case presents two basic issues for our consideration. The first issue is whether an easement for flooding was taken from the plaintiff by the defendant, a State agency. The second involves whether the plaintiff retained its right to compensation in this action in light of a prior consent judgment and other facts. We hold that there was a taking by the defendant and that the plaintiff is entitled to compensation.

The evidence introduced...

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