Frances L. Austin Family Ltd. Partnership v. City of High Point

TYSON, Judge.

Frances L. Austin Family Limited Partnership (“AFLP”) and Piedmont Land Conservancy (collectively, “plaintiffs”) appeal from order entered concluding the presence of the City of High Point’s (“defendant”) former sewer line on its abandoned and reverted sewer easement does not constitute a further taking of AFLP’s property. We affirm.

I. Background

AFLP is the owner of approximately 101 acres located in High Point formerly used as a dairy farm. No sewer lines or pipes were located on the property prior to 1963. In 1963, defendant, in consideration for $988.24, obtained an easement…