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FEIERSTEIN v. NCDENR

No. COA10-912.

712 S.E.2d 343 (2011)

Steven FEIERSTEIN & Lisa Feierstein, Plaintiffs, v. N.C. DEPT. OF ENVIRONMENT & NATURAL RESOURCES, Defendant.

Court of Appeals of North Carolina.

April 19, 2011.

Attorney(s) appearing for the Case

George B. Daniel, P.A., Yanceyville, by George B. Daniel ; and Stevens Martin Vaughn & Tadych, PLLC, Raleigh, by Michael J. Tadych , for plaintiff-appellees.

Attorney General Roy Cooper , by Assistant Attorney General Olga Vysotskaya , for defendant-appellant.

STEELMAN, Judge.

Where the injury to plaintiff's real property was completed as of 14 February 2001 and there was not a continuing wrong or intermittent or recurring damages, the correct measure of damages was the difference between the fair market values of the property immediately before and after the injury. The Commission erred in using fair market values of the property from 2007.

I. Factual and Procedural Background

Steven and Lisa Feierstein...

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