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ASHEVILLE CITY v. RESURGENCE DEVELOPMENT

No. COA13-341.

748 S.E.2d 751 (2013)

CITY OF ASHEVILLE, a North Carolina Municipality, Plaintiff, v. RESURGENCE DEVELOPMENT COMPANY, LLC, Defendant.

Court of Appeals of North Carolina.

October 15, 2013.

Attorney(s) appearing for the Case

Ferikes & Bleynat, PLLC, by Joseph A. Ferikes , Asheville, for plaintiff-appellee.

Adams, Hendon, Carson, Crow & Saenger, P.A., by George W. Saenger , Asheville, for defendant-appellant.

STROUD, Judge.

Resurgence Development Company, LLC, ("defendant") appeals from an order entered pursuant to N.C. Gen.Stat. § 40A-47 (2011) wherein the trial court determined that the City of Asheville's proposed condemnation of an easement over defendant's land was for a public purpose. For the following reasons, we affirm.

I. Background

Defendant owns approximately 5.3 acres of land in Buncombe County, North Carolina. Plaintiff owns an adjacent...

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