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CLARK v. ASHEVILLE CONTRACTING CO., INC.

No. 8328SC900.

323 S.E.2d 765 (1984)

Herbert L. CLARK and wife, Bobbie C. Clark v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation Walter RULE and wife, Nancy Rule v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation William E. PFEIFFER and wife, Leigh Pfeiffer v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation Herbert F. MOORE and wife, Loretta Moore v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation Angelo G. DOTSIKAS and wife, Catherine M. Dotsikas v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation Allen Walton YOUNG and wife, Birgit Young v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation Winston C. LITTLE and wife, Linda B. Little v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation Edsel RITTER and wife, Norma Ritter v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation Harry GOLDEN and wife, Ruth Golden v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation Tania ROLLMAN v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation Arthur E. JACOBSON, Senior Warden, St. Luke's Episcopal Church, Dan Wall, Junior Warden, St. Luke's Episcopal Church v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation Charles CROCKER and wife, Mae Crocker v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation Eugene C. SANFORD and wife, Patricia G. Sanford v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation J. Robert HUFSTADER and wife, Jean Hufstader v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation William L. SUTTON and wife, Betty A. Sutton v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation Kenneth W. BROWNELL, Jr. and wife, Margaret Slack Brownell v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation

Court of Appeals of North Carolina.

December 28, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Edmisten by Asst. Atty. Gen. Alfred N. Salley, Raleigh, for the North Carolina Dept. of Transp.

Long, Parker, Payne & Matney by Robert B. Long, Jr. and David E. Matney, III, Asheville, for plaintiff-appellees.

Adams, Hendon, Carson & Crow, P.A. by George Ward Hendon, Asheville, for defendant-appellants Asheville Contracting Co., Inc. and Baxter H. Taylor.

WEBB, Judge.

We note first that when the court entered a mandatory injunction requiring the defendants to remove the waste, this concluded the lawsuit. Although the judgment did not award the plaintiffs any damages in accordance with some of their claims, it was a final judgment for which there is the right to an immediate appeal regardless of whether the superior court made a determination that there is no just reason for delay.

We hold it was error not to...

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