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ROBERTSON v. CITY OF HIGH POINT

No. COA97-665.

497 S.E.2d 300 (1998)

Elizabeth B. ROBERTSON; Harda A. Callicutt and spouse, Geralene Callicutt; Loie J. Priddy and spouse, Nancy C. Priddy; William A. Jones and spouse, Dorothy M. Jones; Harold E. Young and spouse, Jewell S. Young; William H. Swinson and spouse, Christine N. Swinson; Billy S. Ingram and spouse, Sarah C. Ingram; John C. Sinquefield and spouse, Nora Jane Sinquefield; Donald R. Brewer, Sr. and spouse, Paulette C. Brewer; Thomas S. Stevens, Jr. and spouse, Margaret Stevens; Michael L. Nifong and spouse, Tammy M. Nifong; Donald R. Brewer, Jr. and spouse, Jennifer G. Brewer; Walter C. Sparing and spouse, Irene K. Sparing; Nell L. Willard; Keith A. Hutchens and spouse, Janet L. Hutchens; Frank P. Kersey; John W. Hill and spouse, Addline D. Hill; Hazel C. Kersey; Harold G. Morgan and spouse, Marie H. Morgan; Ina H. Kersey, and Frank Dillard and J.A. Key, Trustees of Oak Grove Baptist Church, and Maxine Green, Keith Bambalis, Billy S. Ingram, Sr., Tim Moore, Arnold Beck, Michelle Hamilton, Trustees, Mitchell's Grove United Methodist Church, Plaintiffs, v. CITY OF HIGH POINT, and Wachovia Mortgage Company, New Salem, Inc. (Trustee), Branch Banking & Trust Company, Jerone C. Herring (Trustee), Chase Mortgage Services, Inc., and 1st Home Financial Corporation (Trustee), Defendants.

Court of Appeals of North Carolina.

March 17, 1998.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by Roddey M. Ligon, Jr., and Gusti W. Frankel, Winston Salem, for City of High Point defendant-appellee.

Ben Farmer, Jamestown, for plaintiff-appellants.

SMITH, Judge.

Plaintiffs collectively own residential and undeveloped property adjacent to or near the Kersey Valley Landfill ("landfill") which is owned and operated by the City of High Point. Plaintiffs allege that defendant began recurrent dumping of solid waste onto the 118.867-acre landfill beginning 9 October 1993 up through the date of the filing of this lawsuit on 23 December 1996.

Plaintiffs' complaint alleges: (1) inverse condemnation pursuant to...

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