CITY OF FAYETTEVILLE v. M.M. FOWLER, INC.

No. COA95-785.

470 S.E.2d 343 (1996)

CITY of FAYETTEVILLE v. M.M. FOWLER, INC.

Court of Appeals of North Carolina.

May 21, 1996.


Attorney(s) appearing for the Case

Robert C. Cogswell, Jr., Fayetteville, for plaintiff-appellant.

Hutson Hughes & Powell, P.A. by James H. Hughes, Durham, for defendant-appellee.


WALKER, Judge.

Plaintiff instituted this action as a public condemnor pursuant to Chapter 40A of the North Carolina General Statutes seeking to acquire portions of property owned by defendant and leased to a third party for operation of a gasoline service station. The proposed taking was comprised of a 287-square-foot corner acquisition, a temporary construction and permanent utility easement, and the closing of one of four driveways providing access to the business...

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