DEPARTMENT OF TRANSP. v. NELSON CO.

No. COA96-777.

489 S.E.2d 449 (1997)

DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellee, v. The NELSON COMPANY, a North Carolina General Partnership; Tim, Inc., Substitute Trustee; and Nationsbank (formerly NCNB National Bank of North Carolina), Defendants-Appellants.

Court of Appeals of North Carolina.

September 2, 1997.


Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by Archie W. Anders and Emmett B. Haywood, Assistant Attorney Generals, for the Department of Transportation.

Maupin Taylor Ellis & Adams, P.A. by John C. Cooke and William J. Brian, Jr., Raleigh, for defendant-appellant The Nelson Company.


WYNN, Judge.

The North Carolina Department of Transportation ("DOT") brought this land condemnation action to acquire a portion of Creekstone Office Park ("Creekstone") in Durham County, North Carolina.

Creekstone consists of: (1) a day care owned by a national day care operator; (2) an undeveloped site owned by defendant The Nelson Company ("Nelson parcel"), a North Carolina General Partnership; and (3) a lot with an office building located on it, owned by...

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