DEPARTMENT OF TRANSP. v. FERNWOOD HILL

No. COA06-964.

649 S.E.2d 433 (2007)

DEPARTMENT OF TRANSPORTATION, Plaintiff, v. FERNWOOD HILL TOWNHOME HOMEOWNERS' ASSOCIATION, INC., Defendant.

Court of Appeals of North Carolina.

September 4, 2007.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General James M. Stanley, Jr., for plaintiff-appellant.

Cranfill, Sumner & Hartzog, L.L.P., by Stephanie Hutchins Autry, Raleigh, for defendant-appellee.


GEER, Judge.

Plaintiff, the state Department of Transportation ("DOT"), appeals from an order pursuant to N.C. Gen.Stat. § 136-108 (2005), in which the trial court determined (1) that the individual owners within the Fernwood Hill Townhome development are necessary parties to this condemnation action and (2) that Fernwood Hill's common area, together with the individually-owned residential units, constitute "a single, unified tract" for the purpose of awarding...

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