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DEPT. OF TRANSP. v. STAGECOACH VILLAGE

No. COA03-1026-2.

622 S.E.2d 142 (2005)

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

Court of Appeals of North Carolina.

December 6, 2005.

Attorney(s) appearing for the Case

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

Horsley & Peraldo, P.A., by Jeffrey K. Peraldo, and Smith Moore LLP, by Bruce P. Ashley and R. James Cox, Jr., Greensboro, for defendant-appellee.

WYNN, Judge.

A person is a necessary party to an action when he is so vitally interested in the controversy involved in the action that a valid judgment cannot be rendered in the action completely and finally determining the controversy without his presence as a party. Strickland v. Hughes, 273 N.C. 481, 485, 160 S.E.2d 313, 316 (1968). Plaintiff...

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