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NORTH CAROLINA DOT v. MISSION BATTLEGROUND

No. 361PA16.

810 S.E.2d 217 (2018)

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

Supreme Court of North Carolina.

Filed March 2, 2018.

Attorney(s) appearing for the Case

Joshua H. Stein , Attorney General, by Hilda Burnett-Baker , Special Deputy Attorney General, and Phyllis A. Turner , Assistant Attorney General, for plaintiff-appellee.

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

Wilson & Helms LLP, Winston-Salem, by Lorin J. Lapidus and G. Gray Wilson , for Civitas Institute, amicus curiae.

Bass Dunklin McCullough & Smith, PLLC, by Garth K. Dunklin , for James F. Collins, amicus curiae.

In March 2013, the North Carolina Department of Transportation (DOT) condemned 2.193 acres of land in Greensboro, North Carolina, for a highway construction project. This land had previously been part of a 240-unit apartment complex that is now called Landmark at Battleground Park. The defendants in this case are the current...

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