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GREENE v. GARNER

No. COA03-196.

592 S.E.2d 589 (2004)

Jacqueline Shuggers GREENE, Individually and as Administratrix for the Estate of Jane Turner Medlin, Deceased, Petitioner, v. James W. GARNER, and Wife, Peggy L. Garner; Burla M. Garner; John L. Knox, acting as Trustee; and Southern Bank and Trust Company, Respondents.

Court of Appeals of North Carolina.

March 2, 2004.

Attorney(s) appearing for the Case

Poyner & Spruill, LLP, by J. Nicholas Ellis, Rocky Mount, for petitioner appellee.

William T. Skinner, IV, Littleton, for respondent appellants.

McCULLOUGH, Judge.

James W. Garner, Peggy L. Garner, and Burla M. Garner (respondents) appeal the trial court's order granting partial summary judgment. The underlying facts are as follows: When this action began, Jane Turner Medlin (Medlin) owned a tract of land in Weldon Township, North Carolina. The property still borders Little Quankey Creek and is divided by Interstate 95. Although Interstate 95 is a public highway, it does not

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