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SMITH v. CITY OF CHARLOTTE

No. 8526SC979.

339 S.E.2d 844 (1986)

Julius Robert SMITH, Jr. and wife, Nancy Mullins Smith v. CITY OF CHARLOTTE, a Municipal Corporation.

Court of Appeals of North Carolina.

March 4, 1986.

Attorney(s) appearing for the Case

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

Underwood, Kinsey & Warren by C. Ralph Kinsey, Jr. and Kenneth S. Cannaday, Charlotte, for defendant-appellee.

EAGLES, Judge.

G.S. Chapter 40A, urged by defendant as a bar to plaintiffs' first claim, became effective 1 January 1982. This lawsuit is one of 44 airport inverse condemnation actions filed against defendant after 1 January 1982. Defendant has filed similar motions to dismiss in each case. The parties in the other actions have stipulated to continuances pending the outcome of this appeal.

Numerous other actions involving takings occurring as a result of construction...

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