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BOARD OF EDUC. OF HICKORY ADMINISTRATIVE SCHOOL UNIT v. SEAGLE

No. COA94-969.

463 S.E.2d 277 (1995)

120 N.C. App. 566

BOARD OF EDUCATION OF the HICKORY ADMINISTRATIVE SCHOOL UNIT, Plaintiff, v. Cam R. SEAGLE, widow; Benjamin F. Seagle, III and wife, Ann Seagle; Thomas Caldwell Seagle and wife, Linda Seagle; Camellia Seagle Weir and husband, William C. Weir, Defendants.

Court of Appeals of North Carolina.

November 7, 1995.

Attorney(s) appearing for the Case

Sigmon, Mackie & Hutton, P.A. by Jeffrey T. Mackie, Hickory, for plaintiff-appellee.

Patrick, Harper & Dixon by Donald R. Fuller, Jr. and Kimberly A. Huffman, Hickory, for defendants-appellants.

COZORT, Judge.

Plaintiff Board of Education initiated legal proceedings to condemn a portion of defendants' property for the purpose of expanding the facilities of Oakwood Public Elementary School. Defendants contested the taking of the property, contending ultimately that the land was not a "suitable site" because plaintiff had failed to obtain a permit from the United States Army Corps of Engineers and had failed to properly consider the expansion's effect on the...

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