North Carolina Department of Transportation v. Stagecoach Village

BRADY, Justice.

The issue in this case is whether an interlocutory order joining 106 alleged interest holders as necessary parties to a condemnation action is immediately appealable. We hold it is and therefore vacate and remand to the Court of Appeals.

Defendant, a North Carolina non-profit corporation, is the homeowners’ association for a townhouse development in Guilford County. On 15 January 2002, plaintiff initiated condemnation proceedings for 41,849 square feet (less than one acre) of the 20 acres of common area owned by defendant. In its answer, defendant asserted the development’s 106…