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CITY OF WINSTON-SALEM v. HEGE

No. 8221SC390.

300 S.E.2d 589 (1983)

CITY OF WINSTON-SALEM v. Vera S. HEGE (Widow); Raymond G. Hege and wife, Alice Hege; Edith Hege Crook and husband, Edward J. Crook; Elsie Hege Kinney and husband, Daniel Kinney; and Nancy Hege Parr and husband, John A. Parr.

Court of Appeals of North Carolina.

March 15, 1983.

Attorney(s) appearing for the Case

Ronald G. Seeber, City Atty. and Ralph D. Karpinos, Asst. City Atty., Winston-Salem, for City of Winston-Salem, plaintiff-appellee.

Booe, Mitchell, Goodson & Shugart by William S. Mitchell, Winston-Salem, for defendant-appellants.

HEDRICK, Judge.

The defendants argue by Assignment of Error Nos. 1, 2, and 4, based on Exception Nos. 8-16, that the trial judge erred in failing to instruct the jury to consider the potential value of the property prior to taking based on the possibility of future rezoning. N.C.App.R. 10(b)(2) provides in part:

No party may assign as error any portion of the jury charge or omission therefrom unless he objects thereto before the jury retires to consider its...

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