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DEPARTMENT OF TRANSP. v. M.M. FOWLER, INC.

No. COA04-73.

611 S.E.2d 448 (2005)

DEPARTMENT OF TRANSPORTATION, Plaintiff, v. M.M. FOWLER, INC., Defendant.

Court of Appeals of North Carolina.

May 3, 2005.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General E. Burke Haywood and Assistant Attorney General Richard M. Graham, for the State.

Huston Hughes & Powell, P.A., by James H. Hughes, Durham, for defendant-appellee.

STEELMAN, Judge.

On 6 July 1999, plaintiff, the Department of Transportation (DOT), filed its complaint and declaration of taking pursuant to its authority under Chapter 136, Article 9 of the North Carolina General Statutes. See N.C. Gen.Stat. § 136-103 (2004). Plaintiff sought to acquire portions of property owned by defendant and used as a gasoline service station. The subject property, which totals 47,933...

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