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F.L. AUSTIN FAMILY v. CITY OF HIGH POINT

No. COA05-1514.

630 S.E.2d 37 (2006)

FRANCES L. AUSTIN FAMILY LIMITED PARTNERSHIP and Piedmont Land Conservancy, Plaintiffs, v. CITY OF HIGH POINT, Defendant.

Court of Appeals of North Carolina.

June 6, 2006.

Attorney(s) appearing for the Case

Wyatt Early Harris Wheeler LLP, by Scott F. Wyatt, High Point, for plaintiffs-appellants.

Womble Carlyle Sandridge & Rice, PLLC, by Gusti W. Frankel and Alison R. Bost, Winston-Salem, for defendant-appellee.

Andrew L. Romanet, Jr. and John M. Phelps, II, Raleigh, for amicus curiae North Carolina League of Municipalities.

TYSON, Judge.

Frances L. Austin Family Limited Partnership ("AFLP") and Piedmont Land Conservancy (collectively, "plaintiffs") appeal from order entered concluding the presence of the City of High Point's ("defendant") former sewer line on its abandoned and reverted sewer easement does not constitute a further taking of AFLP's property. We affirm.

I. Background

AFLP is the owner of approximately...

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