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NELSON v. TOWN OF HIGHLANDS

No. COA02-619.

583 S.E.2d 313 (2003)

Alice Monroe NELSON, Linda L. Monroe, R.B. Monroe Kelly, Julian D. Kelly Jr., Moyna Monroe, Alice Blanc Monroe Nelson and Husband L. Kent Nelson, Bunrotha Limited Partnership, Katalanta Corp., Kathryn B. Hedricks, Susan B. Inman, Samuel N. Evins, Jr., Walter P. Evins, Margaret Early, Mary Pressley, Sidney McCarty, III, Mildred Johnson, John Henry Cheatham, Trustee of the Liela Barnes Cheatham North Carolina Residence Trust, Plaintiffs, v. TOWN OF HIGHLANDS, a Municipal Corporation, Defendant. Michael Wentz, Plaintiff, v. Town of Highlands, a Municipal Corporation, Defendant.

Court of Appeals of North Carolina.

August 5, 2003.

Attorney(s) appearing for the Case

Adams Hendon Carson Crow & Saenger, P.A., by Martin Reidinger and Cynthia Roelle, Asheville, for plaintiffs-appellants.

Coward Hicks & Siler, P.A., by William H. Coward, Cashiers, for defendant-appellee.

STEELMAN, Judge.

Plaintiffs own property along Bowery Road within the corporate limits of defendant Town of Highlands ("defendant" or "Highlands"). On 31 August 2001, defendant issued to plaintiffs notices of condemnation pursuant to N.C. Gen.Stat. § 40A-40 (2001) indicating its intent to initiate actions to condemn portions of plaintiffs' property for the purpose of widening and paving Bowery Road. These notices stated that defendant intended to file its action...

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