TOWN OF CARY v. FRANKLIN-SLOAN V.F.W.

No. 9310SC805.

443 S.E.2d 791 (1994)

TOWN OF CARY v. FRANKLIN-SLOAN V.F.W. POST 7383, Veterans of Foreign Wars of the United States.

Court of Appeals of North Carolina.

June 7, 1994.


Attorney(s) appearing for the Case

Wishart, Norris, Henninger & Pittman, P.A. by June K. Allison, Burlington, and Charles Henderson, Town Atty., Cary, for plaintiff-appellant.

Young Moore Henderson & Alvis P.A. by Henry S. Manning and Evelyn M. Coman, Raleigh, for defendant-appellee.


GREENE, Judge.

The Town of Cary, North Carolina (the Town), appeals from an order dated 17 March 1993 in Wake County Superior Court, ordering that the Town compensate Franklin-Sloan V.F.W. Post 7383, Veterans of Foreign Wars of the United States (VFW) for a 100 foot right-of-way running through VFW's property.

In 1978, VFW acquired property zoned R-30 (residential) in the Town. In 1979, VFW's governing officers voted to establish a post home on the property...

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