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NC DEPT. OF TRANSP. v. COUNTY OF DURHAM

No. COA06-283.

638 S.E.2d 577 (2007)

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Plaintiff, v. COUNTY OF DURHAM, Defendant.

Court of Appeals of North Carolina.

January 2, 2007.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Spurgeon Fields, III, and Assistant Attorney General James M. Stanley, Jr., for plaintiff-appellee.

Assistant County Attorney Curtis Massey, for defendant-appellant.

HUDSON, Judge.

On 13 December 2004, the North Carolina Department of Transportation ("the DOT") commenced this action to condemn real property owned by the County of Durham ("the county"). On 7 January 2005, the county moved to dismiss for lack of personal and subject matter jurisdiction based on sovereign immunity, failure to allege a waiver of sovereign immunity, and lack of authority to take the property. On 3 August 2005, the county moved to dismiss for the DOT...

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