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NC DOT v. MISSION BATTLEGROUND PARK, DST

No. COA16-125.

791 S.E.2d 478 (2016)

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Plaintiff, v. MISSION BATTLEGROUND PARK, DST; Mission Battleground Park Leaseco, LLC, Lessee; Lasalle Bank National Association, as Trustee for the Register Holders of CD 2006-CD3 Commercial Mortgage Pass-Through Certificates; Lat Battleground Park, LLC, Defendants.

Court of Appeals of North Carolina.

Filed: September 6, 2016.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Special Deputy Attorney General Hilda Burnett-Baker and Assistant Attorney General Phyllis A. Turner , for the North Carolina Department of Transportation.

Smith Moore Leatherwood LLP, by Patrick M. Kane , Bruce P. Ashley , Greensboro, and Matthew Nis Leerberg , Raleigh, for defendant-appellants.

Defendants appeal from judgment entered upon a jury's verdict returned on just compensation. We find no error.

I. Background

Landmark at Battleground Park ("Landmark") is a 240-unit apartment complex located on Drawbridge Parkway in Greensboro, North Carolina. The named Defendants are the current owner, former owner...

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