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KING ASSOCIATES v. BECHTLER DEVELOPMENT

No. COA05-1155.

632 S.E.2d 243 (2006)

KING ASSOCIATES, LLP, Charlie B. Seacriest, J. Gary Thompson, James Boyce, Cecil Reid, Fred Miller, Richard Bridges, William P. Goforth d/b/a Thermal Insulators, a Partnership, Michael Dean Montieth, and Lanny D. Walker, Plaintiffs, v. BECHTLER DEVELOPMENT CORPORATION, Defendant.

Court of Appeals of North Carolina.

August 1, 2006.

Attorney(s) appearing for the Case

Tomblin & Farmer, PLLC, by A. Clyde Tomblin, Spindale, and The Cullen Law Firm, by David A. Cohen, Washington, DC, for plaintiffs-appellants.

Bailey & Dixon, L.L.P., by David S. Coats, Raleigh, and Michael Domonkos, Brevard, for defendant-appellee.

ELMORE, Judge.

Plaintiffs own property adjacent to a 7.87-mile railroad corridor in Rutherford County. Bechtler Development Corporation (defendant) operates the corridor as a recreational trail. Defendant is a successor-in-interest to the rights of the Wilmington, Charlotte and Rutherford Railroad Company. The Wilmington, Charlotte and Rutherford Railroad Company obtained rights to the land by deed in February of 1856....

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