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RJR TECHNICAL CO. v. PRATT

No. 104PA94.

453 S.E.2d 147 (1995)

339 N.C. 588

RJR TECHNICAL COMPANY, aka R.J.R. Technical Company, a Corporation, Plaintiff, State of North Carolina, ex rel., William W. Cobey, Jr., Secretary of the Department of Environment, Health and Natural Resources, Intervenor-Plaintiff v. Terry PRATT and Eugene Lee, Defendants. William Cullen CAPEHART, Plaintiff, State of North Carolina, ex rel., William W. Cobey, Jr., Secretary of the Department of Environment, Health and Natural Resources, Intervenor-Plaintiff v. RJR TECHNICAL COMPANY, aka, R.J.R. Technical Company, a Corporation, Defendant.

Supreme Court of North Carolina.

February 10, 1995.

Attorney(s) appearing for the Case

Mary E. Ward, Winston-Salem, and Pritchett, Cooke & Burche by W.L. Cooke, Windsor, for plaintiff-appellee.

Michael F. Easley, Atty. Gen. by Daniel F. McLawhorn and J. Allen Jernigan, Sp. Deputy Attys. Gen., and Amy R. Gillespie and David W. Berry, Associate Attys. Gen., for intervenor-plaintiff-appellant.

John D. Runkle, Gen. Counsel, Chapel Hill, NC, for amicus curiae Conservation Counsel.

MITCHELL, Chief Justice.

This case involves conflicting claims between plaintiff, RJR Technical Company ("RJR"), and the State of North Carolina to two adjacent tracts of submerged land lying beneath the navigable waters of the Albemarle Sound. The parties agree that the lands in dispute are described in two grants from the State—the "Black Walnut Farm" water grant and the "Avoca Farm" water grant—to William R. Capehart issued on 12 December 1892, and...

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