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DeHART v. NORTH CAROLINA DEPT. OF TRANSP.

No. COA08-216.

672 S.E.2d 721 (2009)

Allen Charles DeHART and Luearttie DeHart, Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Defendant.

Court of Appeals of North Carolina.

February 17, 2009.

Attorney(s) appearing for the Case

Moody & Brigham, PLLC, by Fred H. Moody, Jr. and Justin B. Greene, Bryson City, for plaintiffs-appellants.

Attorney General Roy Cooper, by Assistant Attorney General David P. Brenskelle, for defendant-appellee.

GEER, Judge.

Plaintiffs Allen Charles DeHart and Luearttie DeHart appeal from the trial court's dismissal of their claim for inverse condemnation arising out of the failure of the North Carolina Department of Transportation ("DOT") to grade their driveway at a slope of no more than 10 percent after widening a highway running past plaintiffs' property. Because plaintiffs have not established that they were substantially...

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