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TOWN OF MOREHEAD CITY v. N.C. DEPT. OF TRANS.

No. 843SC468.

327 S.E.2d 602 (1985)

TOWN OF MOREHEAD CITY v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION and North Carolina Board of Transportation v. Charles H. SLEDGE, Henry Tull, III, H. Ray Barts, Jr., Mickey Marsh, Marvon Moore, Tom Rady, George Ajlouny, Demus Thompson, Carolyn Ballou Mann, James Morton Davis, Larry Boor, Paul Johnson, James Johnson, George Foster, David Sledge, Herman Moore, Phillip S. Church, William E. Hale, G. Ward Ballou, Ted Garner, Jr., Margaret Ann Piner, John Bates, Robert Youngblood, Max Graff, Paul Whitley, Hobert Kelly, Joseph Logan, James Moots, Alan Sherlor, and Ursula Foscue.

Court of Appeals of North Carolina.

April 2, 1985.

Attorney(s) appearing for the Case

Nelson W. Taylor, III, Morehead, for plaintiff-appellant.

Atty. Gen. Rufus L. Edmisten by Eugene A. Smith, Sr. Deputy Atty. Gen., Claude W. Harris, Sp. Deputy Atty. Gen., Robert G. Webb, Asst. Atty. Gen., Raleigh, for defendants-appellees.

Wallace, Barwick, Landis, Rodgman & Bower, P.A., by F.E. Wallace, Jr., Kinston, for intervenors-defendant-appellant.

PARKER, Judge.

The issue presented on this appeal is whether the defendant DOT has the authority to add 23rd Street to the State highway system or to close Evans Street without the consent or approval of the Town of Morehead City. Plaintiff contends that since 23rd Street and Evans Street are part of its municipal street system, defendant DOT does not have authority to add, improve or close these streets without its consent and approval pursuant to G.S. 136-66.2....

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