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DEPARTMENT OF TRANSP. v. McDARRIS

No. 8230SC506.

302 S.E.2d 277 (1983)

DEPARTMENT OF TRANSPORTATION v. Joseph C. McDARRIS and wife, Ethel Hayes McDarris: Homer Burgess, Lessee.

Court of Appeals of North Carolina.

May 3, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Frank P. Graham, Raleigh, for plaintiff-appellant.

Brown, Ward, Haynes & Griffin, P.A. by Hallett S. Ward, Jr., Waynesville, and Coward, Coward & Dillard, P.A. by James Kent Coward, Sylvia, for defendants-appellees.

BECTON, Judge.

I

This is a condemnation action filed on 28 March 1978 by plaintiff, the North Carolina Department of Transportation (DOT) involving property owned by the defendants, the McDarrisses. That the DOT had the authority to and did properly condemn the McDarrises' property is not questioned; rather, the DOT's appeal concerns the amount of compensation awarded and the method by which that sum was derived...

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