Carolina Telephone and Telegraph Co. v. McLeod

MEYER, Justice.

This is an action instituted by plaintiff pursuant to N.C.G.S. § 40A-19, our statutory provision for private condemnation of privately owned real property. Specifically, plaintiff seeks by its action an easement over defendant’s land to enable it to provide telephone service to Mr. Dennis P. Turlington, one of its custom ers. The issue presented on this appeal is whether the trial court erred in granting defendant’s motion, and in denying plaintiffs motion, for summary judgment on the grounds that the desired condemnation was not for “the public use or benefit” as required by…