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WATERS v. BIESECKER

No. 63PA83.

305 S.E.2d 539 (1983)

H. Lee WATERS, Albert Lee Huff and Clifton Freedle v. Joe E. BIESECKER, Chairman, and Purcell Yarbrough and Edward Fowler, All Members of the City of Lexington Alcoholic Beverage Control Board and The City of Lexington Alcoholic Beverage Control Board.

Supreme Court of North Carolina.

August 9, 1983.

Attorney(s) appearing for the Case

Barnes, Grimes & Bunce by Jerry B. Grimes, Lexington, for Albert Lee Huff, plaintiff-appellee.

DeLapp, Hedrick & Harp by Robert C. Hedrick, Lexington, for City of Lexington Alcoholic Beverage Control Bd., defendant-appellant.

MARTIN, Justice.

Plaintiffs brought this action for damages to their property allegedly resulting from the negligent excavation of defendant's adjoining property for the construction of an Alcoholic Beverage Control store. The claims of plaintiffs Waters, the landowner, and Freedle, a lessee, were dismissed at the close of all the evidence. Waters and Freedle did not appeal. A jury verdict was returned in favor of plaintiff Huff, who owned a building located on Waters...

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