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NELSON v. BATTLE FOREST FRIENDS MEETING

No. 87A93.

436 S.E.2d 122 (1993)

335 N.C. 133

Charles E. NELSON and Nancy W. Nelson v. BATTLE FOREST FRIENDS MEETING, an unincorporated association, and Steve Wood.

Supreme Court of North Carolina.

November 5, 1993.

Attorney(s) appearing for the Case

Fuller, Becton, Billings & Slifkin, P.A. by Steven B. Epstein and Charles L. Becton, Raleigh, for plaintiff-appellants.

Elrod & Lawing P.A., by Frederick K. Sharpless and Stephanie T. Farabow, Greensboro, for defendant-appellees.

Michael F. Easley, Atty. Gen., by James C. Gulick, Sp. Deputy Atty. Gen., Raleigh, amicus curiae.

WEBB, Justice.

All parties agree that, except for the constitutional question, this case is to be resolved by the interpretation of N.C.G.S. § 1-44.2 which provides in part as follows:

(a) Whenever a railroad abandons a railroad easement, all right, title and interest in the strip, piece or parcel of land constituting the abandoned easement shall be presumed to be vested in those persons, firms or corporations owning lots or parcels of land adjacent...

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