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McDONALD'S CORP. v. DWYER

No. 913SC1171.

432 S.E.2d 165 (1993)

111 N.C. App. 127

McDONALD'S CORPORATION, Plaintiff, and Lacy H. Thornburg, Attorney General of North Carolina, Intervenor, v. William D. DWYER and wife, Hester T. Dwyer; Jerone C. Herring, Trustee for Branch Banking and Trust Company; Branch Banking and Trust Company; and Joni-Son Enterprises, Inc., Defendants.

Court of Appeals of North Carolina.

July 20, 1993.

Attorney(s) appearing for the Case

Moore & Van Allen by Joseph W. Eason, Denise Smith Cline and A. Bailey Nager, Raleigh, for defendants-appellants William D. Dwyer, Hester T. Dwyer, Jerone C. Herring as Trustee, and Branch Banking and Trust Co.

Ward and Smith, P.A. by Kenneth R. Wooten and Bonnie J. Refinski-Knight, New Bern, for plaintiff-appellee.

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. James C. Gulick, Raleigh, for the State, as intervenor.

JOHNSON, Judge.

On 19 June 1987, the North Carolina Legislature ratified North Carolina General Statutes § 1-44.2 which is entitled "Presumptive ownership of abandoned railroad easements." The Statute provides in pertinent part:

(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...

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