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CITY OF CHARLOTTE v. COOK

No. COA96-364.

479 S.E.2d 503 (1997)

The CITY OF CHARLOTTE, Plaintiff, v. J. Ernest COOK; and Wife, Ruby H. Cook, Defendants. The CITY OF CHARLOTTE, Plaintiff, v. J. Ernest COOK; and Wife, Ruby H. Cook, and Crescent Electric Membership Corporation, Defendants.

Court of Appeals of North Carolina.

January 21, 1997.

Attorney(s) appearing for the Case

City Attorney Dewitt F. McCarley by Assistant City Attorney R. Susanne Knox, and Deputy City Attorney H. Michael Boyd, for plaintiff-appellee.

Bailey, Patterson, Caddell, Hart & Bailey, P.A. by H. Morris Caddell, Jr., Charlotte, for defendants-appellants J. Ernest Cook and Ruby H. Cook.

William R. Pope, Mooresville, and Crisp, Page & Currin, L.L.P. by Cynthia M. Currin, Raleigh, for defendant-appellant Crescent Electric Membership Corporation.

LEWIS, Judge.

The question presented in this appeal is whether the trial court erred in allowing the City of Charlotte ("the City") to condemn a portion of property belonging to defendant J. Ernest Cook and defendant Ruby H. Cook ("the Cooks") in fee simple in order to construct a pipeline. Because the City's actions constitute an abuse of discretion, we reverse.

The City instituted these condemnation actions under section 7.81 of its charter against the Cooks...

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