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BANDY v. CITY OF CHARLOTTE

No. 8426SC495.

325 S.E.2d 17 (1985)

Billy L. BANDY, Sr. and wife, Nina B. Bandy v. CITY OF CHARLOTTE, a Municipal Corporation, Durham Life Insurance Company and T.A. Upchurch, Trustee.

Court of Appeals of North Carolina.

February 5, 1985.

Attorney(s) appearing for the Case

Weinstein, Sturges, Odom, Groves, Bigger, Jonas & Campbell, P.A. by T. LaFontine Odom and L. Holmes Eleazer, Jr., Charlotte, for plaintiffs.

Underwood, Kinsey & Northey, P.A. by William E. Underwood, Jr., and C. Ralph Kinsey, Jr., Charlotte, for defendant.

WHICHARD, Judge.

This appeal arises out of a jury verdict for plaintiffs on their claim of inverse condemnation due to defendant's taking of an avigation easement over and in their property. Plaintiffs' case was the first tried of approximately 250 separate inverse condemnation suits arising out of the operation of the north/south runway at defendant's airport. Plaintiffs were awarded $13,750 as the diminution in market value of their home due to aircraft noise and...

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