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TOWN OF APEX v. WHITEHURST

No. COA10-697.

712 S.E.2d 898 (2011)

TOWN OF APEX, Plaintiff, v. Ann Sloan WHITEHURST, Individually, as Co-Executrix of the Estate of Beulah Corbett Sloan and as Trustee; Roberta Sloan Little; Individually, as Co-Executrix of the Estate of Beulah Corbett Sloan and as Trustee; Meredith Lynn Whitehurst; Shelley Ann Whitehurst; Stephen B. Little; David K. Whitehurst; and Wake County, Defendants.

Court of Appeals of North Carolina.

July 19, 2011.

Attorney(s) appearing for the Case

Smith Moore Leatherwood LLP, Raleigh, by Marc C. Tucker , for the plaintiff-appellee.

Creech Law Firm, P.A., Raleigh, by Peter J. Sarda , for the defendant-appellants.

STROUD, Judge.

Defendants appeal three orders regarding the condemnation of their land. As defendants' appeal is untimely, we dismiss the appeal.

I. Background

Plaintiff, the Town of Apex ("Apex"), brought this condemnation action pursuant to "Article 9 of Chapter 136 of the North Carolina General Statutes"1 because it was "necessary to condemn and appropriate" the property of defendants "for public use in the construction...

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