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TOWN OF HIGHLANDS v. HENDRICKS

No. COA03-55.

596 S.E.2d 440 (2004)

The TOWN OF HIGHLANDS, a North Carolina Municipal Corporation, Plaintiff, v. Kathryn B. HENDRICKS, and husband, Nathan Hendricks, III, Susan B. Inman, and husband, Edward Inman; Sidney Louis McCarty, III, Mary McCarty Pressley, Margaret McCarty Early, and the Estate of Sidney Louis McCarty, Jr.; John Henry Cheatham, III, Successor Trustee of the Leila Barnes Cheatham North Carolina Residence Trust, and Leila Barnes Cheatham; Alice Monroe Nelson and L. Kent Nelson; Michael Wentz; Kalalanta Corporation, a Florida Corporation; Mildred T. Johnson and Mildred Fentriss Thornton Felton; Alice Blanc Monroe Nelson and husband, L. Kent Nelson, Linda Logan Monroe, Raburn Blanc Monroe Kelly and wife, Stacey Kelly, Julian Dantzler Kelly, III, Bunrotha Limited Partnership, Moyna Blair Monroe, Diana Monroe Lewis, and J. Thomas Lewis; Bunrotha Limited Partnership, a Georgia Limited Partnership, and Malcolm Logan Monroe; and Walter Preston Evins, Samuel N. Evins, Jr. and Susan C. Evins, Defendants.

Court of Appeals of North Carolina.

June 1, 2004.

Attorney(s) appearing for the Case

Coward Hicks & Siler, PA, by William H. Coward, Cashiers, for plaintiff-appellee.

Adams Hendon Carson Crow & Saenger, PA, by Martin Reidinger and Cynthia M. Roelle, Asheville, for defendant-appellants.

STEELMAN, Judge.

Defendants appeal from the order of the trial court determining that plaintiff's condemnation of defendants' real property was for a public purpose. We affirm.

In 2001 and 2002, plaintiff filed complaints, declarations of taking and notices of deposits against all defendants in separate filings. Defendants' property was to be taken for the public use of widening and improving SR 1604, or Bowery...

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