Dep't of Transp. v. BB & R, LLC

McCULLOUGH, Judge.

*11BB & R, LLC ("defendant") appeals from an order entered by the trial court pursuant to a N.C. Gen.Stat. § 136-108 evidentiary hearing. On appeal, defendant argues the trial court erred in concluding that the closure of Dowdle Mountain Road, which abutted defendant's property, was a lawful exercise of police power and therefore not a compensable taking. For the reasons set forth herein, we affirm the trial court's order.

I. Factual Background

Defendant owns a 1.125 acre tract of land in Franklin, Macon County ("the property"). Located on the property is a convenience store and…