TOWN OF MIDLAND v. MORRIS

No. COA10-322.

704 S.E.2d 329 (2011)

TOWN OF MIDLAND, Plaintiff, v. Harry T. MORRIS and Maralyn R. Morris, Defendants. and Town of Midland, Plaintiff, v. John S[.] Wagner and Anne D. Wagner, Defendants. and Town of Midland, Plaintiff, v. Beverly F. Chapman, Defendant. and Town of Midland, Plaintiff, v. Brenda Seaford, Harold Gray Seaford & Ben F. Fisher, Defendants. and Town of Midland, Plaintiff, v. Jimmy Ray Wilkinson And Gilda S[.] Wilkinson, Defendants. and Town of Midland, Plaintiff, v. Vaudrey Mesimer and Edith Mesimer, Defendants. and Town of Midland, Plaintiff, v. Dorothy Drescher Black, Defendant. and Town of Midland, Plaintiff, v. Marlene T.[ ]Cook and Jennings R. Cook, Defendants. and Town of Midland, Plaintiff, v. Albertine L. Smith, Defendant. and Town of Midland, Plaintiff, v. Wilmer Melton, Jr. and Harriet L. Melton, Defendants. and Town of Midland, Plaintiff, v. Wilmer Melton, Jr. and Harriet L. Melton, Defendants. and Town of Midland, Plaintiff, v. Billy James, Norris James and Amelia Goodnight, Defendants. and Town of Midland, Plaintiff, v. Concord Police Club, Inc., Defendant. and Town of Midland, Plaintiff, v. Theron Keith Honeycutt and Ann Nash Honeycutt, Defendants. and Town of Midland, Plaintiff, v. Theron Keith Honeycutt and Ann Nash Honeycutt, Defendants. and Harry T.[ ]Morris and Maralyn R. Morris, Plaintiffs, v. Town of Midland, Defendant. and Jimmy Ray Wilkinson and Gilda S. Wilkinson, Plaintiffs, v. Town of Midland, Defendant. and Vaudrey Mesi [M]er and Edith Mesi [M]er, Plaintiffs, v. Town of Midland, Defendant. and Marlene T. Cook and Jennings R. Cook, Plaintiffs, v. Town of Midland, Defendant. and Albertine L. Smith, Trustee, Plaintiff, v. Town of Midland, Defendant. and Billy James, Norris James and Amelia Goodnight, Plaintiffs, v. Town of Midland, Defendant. and Dorothy Drescher Black, Plaintiff, v. Town of Midland, Defendant. and Concord Police Club, Inc., Plaintiff, v. Town of Midland, Defendant.

Court of Appeals of North Carolina.

January 18, 2011.


Attorney(s) appearing for the Case

Styers & Kemerait, PLLC, Raleigh, by M. Gray Styers, Jr. , and Hartsell & Williams, P.A., by Fletcher Hartsell and Michael Burgner , Concord, for Midland-Appellee.

Hamilton Moon Stephens Steele & Martin, PLLC, Charlotte, by Keith J. Merritt and Rebecca K. Cheney , for all Property Owner-Appellants except Property Owner-Appellant Wagner.

Ferguson, Scarbrough, Hayes, Hawkins, & DeMay, P.A., Concord, by James E. Scarbrough , for Property Owner-Appellant Wagner.


STEPHENS, Judge.

Facts

The Transcontinental Pipeline transports and distributes natural gas from the Gulf of Mexico to the northeastern United States. In April 2002, the City of Monroe, North Carolina, decided to supply the citizens of Monroe and the surrounding area with natural gas by a direct connection between its natural gas distribution system and the Transcontinental Pipeline. To directly connect to the Transcontinental Pipeline, Monroe needed...

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