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N.C. DEPT. OF TRANSP. v. CROMARTIE

No. COA10-709.

716 S.E.2d 361 (2011)

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Plaintiff, v. Matthew J. CROMARTIE, Jr., Individually and as Co-trustee of the Matthew and Annie Lee Cromartie Trust; Joyce Gooden; Alexander Cromartie and wife Martha Cromartie; Margaret Cromartie; Bernard Bell; Francenia Cromartie Horne; and known and unknown, born and unborn heirs of Matthew J. Cromartie, Sr., Defendants.

Court of Appeals of North Carolina.

August 2, 2011.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Hilda Burnett-Baker , for the Department of Transportation.

Johnson & Johnson, PLLC, Elizabethtown, by William L. Johnson, III , for defendants.

ELMORE, Judge.

The Department of Transportation (DOT or plaintiff) appeals an order denying its motion to dismiss plaintiffs' counterclaim for inverse condemnation and another ruling in summary judgment that plaintiff had inversely condemned defendants' land. After careful review, we affirm.

I. Background

In its 19 November 2008 complaint, DOT named Matthew J. Cromartie, Jr., Annie Lee Cromartie, Joyce Gooden, Alexander Cromartie, Martha Cromartie...

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