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NORTH CAROLINA DEPT. OF TRANSP. v. PAGE

No. COA94-1085.

460 S.E.2d 332 (1995)

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Plaintiff, v. F. Roger PAGE, Jr., Doris B. Page and Pace Oil Co., Inc., Defendants.

Court of Appeals of North Carolina.

August 15, 1995.

Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. Emmett B. Haywood, Raleigh, for plaintiff-appellee.

Robinson Maready Lawing & Comerford, L.L.P. by William F. Maready, Clifford Britt, and H. Stephen Robinson, Winston-Salem, for defendants-appellants.

WALKER, Judge.

This appeal arises out of a contractual dispute between plaintiff North Carolina Department of Transportation (the Department) and defendant F. Roger Page, Jr. (Page) concerning the relocation of State Secondary Road 1568 (SR 1568) on Topsail Island, North Carolina. Page owned numerous properties on Topsail Island, including one tract which was under option to Resort Equities, Inc., who planned to build a condominium resort (Villa Capriani) on the site...

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