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FERRELL v. DEPARTMENT OF TRANSP.

No. 9021SC1154.

407 S.E.2d 601 (1991)

E.V. FERRELL Jr., Douglas Dillard and Rosena F. Dillard v. DEPARTMENT OF TRANSPORTATION.

Court of Appeals of North Carolina.

September 3, 1991.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Archie W. Anders and Associate Atty. Gen. Elaine A. Dawkins, Raleigh, for defendant-appellant.

Petree, Stockton and Robinson by F. Joseph Treacy, Jr. and Kenneth S. Broun, Charlotte, for plaintiffs-appellees.

LEWIS, Judge.

This is a declaratory judgment action also seeking injunctive relief. On 17 April 1972 the Department of Transportation, [DOT], acquired by eminent domain 34.93 acres of an 86.08 acre tract in Forsyth County owned in fee simple by E.V. Ferrell, Jr. and J.C. Smith. By consent judgment dated 14 October 1975 the DOT paid Ferrell and Smith a total of $303,500.00 in compensation. An additional 5.84 acres was claimed by DOT in 1986. The DOT acquired this property...

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