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TOWN OF MIDLAND v. WAYNE

No. COA12-1163.

748 S.E.2d 35 (2013)

TOWN OF MIDLAND, Plaintiff, v. Darryl Keith WAYNE, Trustee or any successors in trust, under the Darryl Keith Wayne Revocable Trust Agreement, and any Amendments thereto, dated February 23, 2007, Defendant.

Court of Appeals of North Carolina.

September 3, 2013.

Attorney(s) appearing for the Case

Hartsell & Williams, P.A., Concord, by Christy E. Wilhelm and Andrew T. Cornelius , for Plaintiff.

Vanderventer Black, LLP, by Norman Shearin , Kitty Hawk , David P. Ferrell , and Ashley P. Holmes , Raleigh, for Defendant.

DILLON, Judge.

In February 2009, Plaintiff Town of Midland (the "Town") filed two actions to condemn portions of two adjacent tracts of land (the "Wayne Tracts") owned by Defendant, Darryl Keith Wayne, Trustee of the Darryl Keith Wayne Revocable Trust ("Defendant"). On 2 December 2011, the trial court held a hearing pursuant to N.C. Gen.Stat. § 40A-47 (2011), to consider all issues relating to the taking other than compensation. The trial court subsequently...

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