Legal Opinion

Beroth Oil Co. v. North Carolina Department of Transportation

Court of Appeals of North Carolina

Decided May 15, 2012No. COA11-1012PublishedCited by 10 opinions

1Opinion of the Court

HUNTER, JR., Robert N., Judge.

Beroth Oil Company, Barbara Clapp, Pamela Moore Crockett, W.R. Moore, N&G Properties, Inc., Elton V. Koonce, and Paula and Kenneth Smith (collectively, “Plaintiffs”) appeal from the trial court’s 20 May 2011 order denying Plaintiffs’ motion for class certification pursuant to Rule 23 of the North Carolina Rules of Civil Procedure. For the following reasons, we affirm.

I. Factual & Procedural Background

Plaintiffs are owners of real property located in Forsyth County in an area, hereinafter referred to as “the Northern Beltway,” designated by the North Carolina…

2Cases cited40 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  3. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  4. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  5. Armstrong v. United StatesSupreme Court of the United States · 1960

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3Cited by10 opinions

  1. Kirby v. North Carolina Department of TransportationSupreme Court of North Carolina · 2016
  2. Beroth Oil Co. v. North Carolina Department of TransportationSupreme Court of North Carolina · 2014
  3. Beroth Oil Co. v. N.C. Dep't of Transp.Court of Appeals of North Carolina · 2017
  4. Dep't of Transp. v. StimpsonCourt of Appeals of North Carolina · 2018
  5. Beroth Oil Co. v. N.C. Dep't of Transp.Supreme Court of North Carolina · 2014

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