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PROGRESS ENERGY CAROLINAS v. STRICKLAND

No. COA09-170.

685 S.E.2d 521 (2009)

PROGRESS ENERGY CAROLINAS, INC., Petitioner, v. William Howell STRICKLAND, Respondent.

Court of Appeals of North Carolina.

November 3, 2009.

Attorney(s) appearing for the Case

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by J. Mitchell Armbruster and Jackson Wyatt Moore, Jr., Raleigh, for petitioner-appellant.

Vandeventer Black LLP, by David P. Ferrell and Norman W. Shearin, Jr., Raleigh, for respondent-appellee.

STEELMAN, Judge.

Where the trial court's instruction to the jury was based upon law of the case and left the determination of what constituted the highest and best use of the property to the jury, the instruction was not error.

I. Factual and Procedural Background

On 2 February 2005, Progress Energy Carolinas, Inc. (PEC) filed a petition for condemnation in Columbus County Superior Court seeking to acquire an easement to construct a 230 kilovolt...

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