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CITY OF CHARLOTTE v. BMJ OF CHARLOTTE, LLC

No. COA08-147.

675 S.E.2d 59 (2009)

The CITY OF CHARLOTTE, a municipal corporation, Plaintiff, v. BMJ OF CHARLOTTE, LLC; Consolidated Textiles, Inc., Lessee; And Any Other Parties in Interest, Defendants.

Court of Appeals of North Carolina.

April 7, 2009.

Attorney(s) appearing for the Case

Horack Talley Pharr & Lowndes, P.A., by Robert B. McNeill and Phillip E. Lewis, Charlotte, for plaintiff-appellee.

Katten Muchin Rosenman LLP, by Richard L. Farley and Jeffrey C. Grady, Charlotte, for defendant-appellant.

STROUD, Judge.

This appeal addresses a counterclaim for inverse condemnation1 filed in response to a condemnation action by the City of Charlotte. The gravamen of the counterclaim is that plaintiff's use of a railroad right of way that runs over defendants' land is in derogation of defendants' rights as the holder of the underlying fee. Defendants offer two different legal theories as to why...

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