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TOWN OF MATTHEWS v. WRIGHT

No. COA14-943.

771 S.E.2d 328 (2015)

TOWN OF MATTHEWS, a North Carolina municipal corporation, Plaintiff, v. Lester E. WRIGHT and wife, Virginia J. Wright, Defendants.

Court of Appeals of North Carolina.

April 21, 2015.

Attorney(s) appearing for the Case

Benjamin R. Sullivan , Parker Poe Adams & Bernstein, Charlotte, for plaintiff-appellant.

Peter J. Juran , Winston-Salem, for defendant-appellees.

The Town of Matthews appeals from a judgment dismissing its condemnation claim taking the road fronting Lester and Virginia Wright's home. The Town contends the trial court misapplied the "public use or benefit" test set forth in N.C. Gen.Stat. § 40A-3(b). We affirm the dismissal.

I. Factual & Procedural...

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