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DEPARTMENT OF TRANSP. v. AIRLIE PARK, INC.

No. COA02-766.

576 S.E.2d 341 (2003)

DEPARTMENT OF TRANSPORTATION, Plaintiff, v. AIRLIE PARK, INC., and Don Pendleton and Nationsbank of North Carolina, N.A., Defendants.

Court of Appeals of North Carolina.

February 4, 2003.

Attorney(s) appearing for the Case

Attorney General Roy Cooper by Assistant Attorney General J. Bruce McKinney, for plaintiff appellee.

Robinson, Bradshaw & Hinson, P.A. by Mark W. Merritt, Blake W. Thomas, and Angelique R. Vincent, Charlotte, for defendant-appellant.

TIMMONS-GOODSON, Judge.

Airlie Park, Inc. ("defendant") appeals from an order of the trial court determining that certain parcels of real property owned by defendant did not constitute one unified tract for purposes of condemnation by the North Carolina Department of Transportation ("plaintiff"). For the reasons stated herein, we affirm the order of the trial court.

The facts and procedural history of the instant case are as follows: Defendant is a North Carolina...

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