Jarvis v. Powers

BECTON, Judge.

This case began on 2 December 1983 as a special proceeding before the Clerk of the Superior Court of Beaufort County, in which petitioner Armistead Jarvis sought to establish a “neighborhood public road” pursuant to N.C. Gen. Stat. Sec. 136-67 (1981) across land claimed by respondents Colon and Mavis Powers. After the clerk of court granted the relief sought by Jarvis, the trial court held a trial de novo, without a jury. From the trial court’s judgment declaring an old roadway a “neighborhood public road,” respondents (hereinafter Powers) appeal.

I. Facts and Holding

The evidence…