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CONCRETE MACHINERY CO. v. CITY OF HICKORY

No. COA98-1267.

517 S.E.2d 155 (1999)

CONCRETE MACHINERY COMPANY, INC., Plaintiff-Appellee, v. CITY OF HICKORY, Defendant-Appellant.

Court of Appeals of North Carolina.

July 6, 1999.

Attorney(s) appearing for the Case

Hamel, Hicks, Wray & Brown, P.A., by William L. Sitton, Jr., Esq., Charlotte, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Sara R. Lincoln and Jeffrey A. Doyle, Charlotte, for defendant-appellant.

SMITH, Judge.

Plaintiff, Concrete Machinery Company, Inc. (CMC) is a private corporation located within the City of Hickory (City). City is a municipal corporation duly organized and existing under the laws of this state. The record tends to show that on 30 April 1959, (CMC) granted the City a permanent, 25-foot-wide easement for the purpose of constructing, maintaining, repairing and enlarging a sanitary sewer line. In late May 1996, the City discovered that sections...

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