1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 498 S.E.2d
  5. 498 S.E.2d 605 (1998)
 

CITY OF CHARLOTTE v. COOK

No. 83PA97.

498 S.E.2d 605 (1998)

348 N.C. 222

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

Supreme Court of North Carolina.

May 8, 1998.

Attorney(s) appearing for the Case

Office of the City Attorney by H. Michael Boyd, Senior Deputy City Attorney, and R. Susanne Knox, Assistant City Attorney, Charlotte, for plaintiff-appellant.

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

Crisp, Page & Currin, L.L.P. by Cynthia M. Currin and Tyrus H. Thompson, Raleigh, for defendant-appellee Crescent Electric Membership Corporation.

North Carolina League of Municipalities by Andrew L. Romanet, Jr., General Counsel, and John M. Phelps, II, Assistant General Counsel, Raleigh, amicus curiae.

Michael F. Easley, Attorney General by Grayson G. Kelley and Robert G. Webb, Special Deputy Attorneys General, and John F. Maddrey, Assistant Attorney General, on behalf of the North Carolina Department of Transportation, amicus curiae.

WEBB, Justice.

The Court of Appeals held that a condemning agency cannot take a larger estate in the condemned land than is necessary to carry out the public purpose for which the land is condemned. For this reason, said the Court of Appeals, the City could condemn only an easement in the property. We disagree with the Court of Appeals.

In Raleigh & G. R. Co. v. Davis, 19 N.C. 451 (1837), we dealt with the condemnation of land for the construction...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases