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COUNTY OF JOHNSTON v. CITY OF WILSON

No. COA98-1017.

525 S.E.2d 826 (2000)

COUNTY OF JOHNSTON, Plaintiff, v. CITY OF WILSON, Defendant.

Court of Appeals of North Carolina.

March 7, 2000.

Attorney(s) appearing for the Case

J. Mark Payne, Smithfield, for plaintiff-appellee.

Rose, Rand, Orcutt, Cauley, Blake & Ellis, P.A., by James P. Cauley, III, Wilson, and Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by V. Randall Tinsley, Greensboro, for defendant-appellant.

James B. Blackburn, III and Paul A. Meyer for the North Carolina Association of County Attorneys, amicus curiae.

Andrew L. Romanet, Jr. and John M. Phelps, II, Raleigh, for the North Carolina League of Municipalities, amicus curiae.

TIMMONS-GOODSON, Judge.

This complex appeal arises from condemnation proceedings initiated by the City of Wilson ("City") for land located in Johnston County. On 29 October 1997, Johnston County ("County") filed a complaint in the Superior Court, Johnston County, seeking a preliminary injunction restraining the City from proceeding with condemnations and a writ of mandamus requiring that the actions already filed be dismissed. The City timely answered on 29 December...

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