STATE v. THRIFT LEASE, INC.

No. 8424SC926.

330 S.E.2d 28 (1985)

STATE of North Carolina v. THRIFT LEASE, INC.; Herbert N. Francis and wife, Hersel Francis; R. Worth Mangum, Trustee; Suryakant Patel and wife, Jashu Patel; Kantilal Patel and wife, Jyoti Patel; First Union National Bank; Gene D. Clark, Trustee; Raymond P. Howell; Mary W. Mauney; Charles E. Clement, Trustee.

Court of Appeals of North Carolina.

June 4, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Roy A. Giles, Jr., Raleigh, for plaintiff-appellee.

McElwee, McElwee, Cannon & Warden by William H. McElwee, III, North Wilkesboro, for defendant-appellant.


WHICHARD, Judge.

Defendant requests a new trial on the issue of compensation on the grounds that the court erred in allowing plaintiff's experts to testify as to the value of defendant's property after the taking of the .85 acre and in summarizing this testimony in its instructions to the jury. We find no error.

When part of a tract of land is appropriated by the State for public purposes, the measure of damages is the difference between the fair market value...

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