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STOUT v. CITY OF DURHAM

No. COA95-13.

468 S.E.2d 254 (1996)

121 N.C. App. 716

Lina Lee S. STOUT, Plaintiff, v. The CITY OF DURHAM, Defendant. OAKRIDGE 58 INVESTORS, a North Carolina General Partnership, Plaintiff, v. The CITY OF DURHAM, Defendant.

Court of Appeals of North Carolina.

March 5, 1996.

Attorney(s) appearing for the Case

Randall, Jervis & Hill, by Robert B. Jervis, Durham, for plaintiff-appellants.

Stubbs, Cole, Breedlove, Prentis & Biggs, by Richard F. Prentis, Jr., and David K. Williams, Jr., Durham, for defendant-appellee.

JOHN C. MARTIN, Judge.

In separately filed, but essentially identical complaints, plaintiffs alleged that defendant City of Durham had given notice of its intent to acquire by condemnation portions of their respective properties for construction of a proposed sewer outfall. Plaintiffs alleged that the condemnation was being undertaken for a private, rather than public, purpose and that they intended to assert the City's lack of authority to condemn their property...

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