Housing Authority of High Point v. Clinard

BRASWELL, Judge.

The appeal of the Housing Authority of the City of High Point questions the propriety of its having to pay an award of attorney’s fees to respondents after the Housing Authority took a voluntary dismissal of its condemnation proceeding for an urban renewal project. Finding no error, we affirm.

The present action, 78SP339, was begun on 6 April 1978. The dismissal occurred on 7 June 1982, the same date the case had been calendared for jury trial on the issue of damages. The notice of voluntary dismissal without prejudice said: “this proceeding having been abandoned upon the…