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NC DEPT. OF TRANSP. v. STAGECOACH VILLAGE

No. 529PA04.

619 S.E.2d 495 (2005)

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION v. STAGECOACH VILLAGE, a North Carolina Non-Profit Corporation.

Supreme Court of North Carolina.

October 7, 2005.

Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Hilda Burnett-Baker, Assistant Attorney General, W. Richard Moore, Special Deputy Attorney General, and James M. Stanley, Jr., Assistant Attorney General, for plaintiff-appellant.

Smith Moore, L.L.P., by Bruce P. Ashley, Greensboro and Shannon R. Joseph, Raleigh, and Jeffrey K. Peraldo, P.A., by Jeffrey K. Peraldo, Greensboro, for defendant-appellee.

BRADY, Justice.

The issue in this case is whether an interlocutory order joining 106 alleged interest holders as necessary parties to a condemnation action is immediately appealable. We hold it is and therefore vacate and remand to the Court of Appeals.

Defendant, a North Carolina non-profit corporation, is the homeowners' association for a townhouse development in Guilford County. On 15 January 2002, plaintiff...

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