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HIGH ROCK LAKE PARTNERS v. DEPT. OF TRANSP.

No. 262PA10-2.

735 S.E.2d 300 (2012)

HIGH ROCK LAKE PARTNERS, LLC, a North Carolina Limited Liability Company, and John Dolven, Petitioners v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Respondent.

Supreme Court of North Carolina.

December 14, 2012.

Attorney(s) appearing for the Case

Van Winkle , Buck, Wall, Starnes and Davis, P.A., Asheville, by Craig D. Justus , for petitioner-appellants.

Roy Cooper , Attorney General, by James M. Stanley, Jr. and Scott K. Beaver , Assistant Attorneys General, for respondent-appellee.

NEWBY, Justice.

In this case we consider whether the North Carolina Department of Transportation (DOT) acted within its powers when it conditioned driveway access to a public road on the owner's (1) making improvements to a railroad crossing one-quarter of a mile away from the proposed driveway connection and (2) obtaining the owning and operating railroads' consent to the improvements. Section 136-18(29) of our General Statutes, the Driveway Permit Statute, lists...

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