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CITIZENS ROADWAYS v. DEPT. OF TRANSP.

No. COA00-812.

550 S.E.2d 253 (2001)

CITIZENS FOR RESPONSIBLE ROADWAYS, Town of Summerfield, William E. Knox, Amy Lixl-Purcell, Gay E. Cheney, and The North Carolina Alliance for Transportation Reform, Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION and David McCoy, in his official capacity, Defendants.

Court of Appeals of North Carolina.

August 7, 2001.

Attorney(s) appearing for the Case

Smith, James, Rowlett & Cohen, L.L.P., by Norman B. Smith, for plaintiffs-appellants Citizens for Responsible Roadways, William E. Knox, Amy Lixil-Purcell, Gay E. Cheney, and the North Carolina Alliance for Transportation Reform; William B. Trevorrow, Greensboro, for the plaintiff-appellant Town of Summerfield.

Attorney General Michael F. Easley, by Assistant Attorney General Fred Lamar, for defendants.

TYSON, Judge.

I. Facts

The North Carolina Department of Transportation ("NCDOT") determines future transportation needs and alternatives through adoption of a Transportation Improvement Program ("TIP"). N.C. Gen.Stat. § 143B-350 (1998). A TIP project, designated as R-2413 ("Connector"), consisted of: (1) connector roadway improvements to U.S. Highway 220 beginning in Rockingham County, just north of Guilford County, and (2) a portion of the new...

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