DEPARTMENT OF TRANSP. v. BYERLY

No. COA01-1531.

573 S.E.2d 522 (2002)

DEPARTMENT OF TRANSPORTATION, Plaintiff, v. Joe S. BYERLY and wife, Betsy Byerly, Defendants.

Court of Appeals of North Carolina.

December 3, 2002.


Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey and Leonard, L.L.P., by George W. House and Brian J. McMillan, Greensboro, for defendants-appellants.

Attorney General Roy Cooper, by Assistant Attorney General David R. Minges and Hilda Burnett-Baker for plaintiff-appellee.


WYNN, Judge.

In this appeal from a condemnation order, defendants present two issues: (I) Did the trial court err by concluding that defendants failed to establish a claim of adverse possession to a tract adjoining their condemned property?; and (II) Did the trial court err by failing to classify the going concern value and/or goodwill of defendants' business as property taken or damaged by the Department of Transportation? We hold that the trial court's mixed findings...

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