DEPARTMENT OF TRANSP. v. WEBSTER

No. COA12-1546.

751 S.E.2d 220 (2013)

DEPARTMENT OF TRANSPORTATION, Plaintiff, v. Ray F. WEBSTER and wife, Dorothy Walton Webster, Defendants.

Court of Appeals of North Carolina.

November 19, 2013.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Alexandra M. Hightower , for the State.

Sigmon, Clark, Mackie, Hanvey & Ferrell, PA, Hickory by Forrest A. Ferrell and Jason White , for defendant-appellants.


BRYANT, Judge.

Where the issue before the trial court was whether increased traffic flow on a private road taken for public use was a compensable damage subject to determination by jury, it was proper for the trial court to conduct a section 108 hearing. Where the trial court determined that the area taken by DOT did not include a subsequent driveway permit and related effects of that permit, we affirm the trial court order excluding evidence of such driveway permit...

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