BEROTH OIL CO. v. NORTH CAROLINA DEPT.

No. 390PA11-2.

757 S.E.2d 466 (2014)

BEROTH OIL COMPANY, Paula and Kenneth Smith, Barbara Clapp, Pamela Moore Crockett, W.R. Moore, N & G Properties, Inc., and Elton V. Koonce v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.

Supreme Court of North Carolina.

April 11, 2014.


Attorney(s) appearing for the Case

Hendrick Bryant Nerhood & Otis, LLP, Winston-Salem, by Matthew H. Bryant , Timothy Nerhood , T. Paul Hendrick , and Kenneth C. Otis III , for plaintiff-appellants.

Roy Cooper , Attorney General, by Dahr Joseph Tanoury , Special Deputy Attorney General, and John F. Oates, Jr. , Assistant Attorney General, for defendant-appellee North Carolina Department of Transportation.


JACKSON, Justice.

In this appeal we consider whether the Court of Appeals erred by affirming the trial court's order denying plaintiffs' motion for class certification. We hold that analyzing the substantive merits of plaintiffs' inverse condemnation claim is improper at the class certification stage and therefore, the trial court and the Court of Appeals erred in doing so. We also conclude that because of the unique nature of property, coupled with the large number...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases