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CITY OF CHARLOTTE v. WHIPPOORWILL LAKE

No. COA01-713.

563 S.E.2d 297 (2002)

The CITY OF CHARLOTTE, a Municipal Corporation, v. WHIPPOORWILL LAKE, INC.

Court of Appeals of North Carolina.

June 4, 2002.

Attorney(s) appearing for the Case

Rosenman & Colin LLP by Francis M. Pinckney, III, Charlotte, for plaintiff-appellant.

The Hamel Lawfirm, P.A. by William F. Hamel and W.B. Hamel; and DeVore Acton & Stafford, P.A. by Fred W. DeVore, Charlotte, for the defendant-appellee.

THOMAS, Judge.

Plaintiff, the City of Charlotte, appeals a jury award of $530,635.55 in a condemnation action against defendant, Whippoorwill Lake, Inc. The tract at issue is 11.6 acres, including a lake, and is near Charlotte/Douglas International Airport.

The City sets forth two assignments of error: (1) the trial court erred in allowing defendant to file an answer after expiration of a statutory twelve-month deadline; and (2) the trial court abused its...

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