County of Johnston v. City of Wilson

TIMMONS-GOODSON, Judge.

This complex appeal arises from condemnation proceedings initiated by the City of. Wilson (“City”) for land located in Johnston County. On 29 October 1997, Johnston County (“County”) filed a complaint in the Superior Court, Johnston County, seeking a preliminary injunction restraining the City from proceeding with condemnations and a writ of mandamus requiring that the actions already filed be dismissed. The City timely answered on 29 December 1997 and moved to dismiss the County’s complaint pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. On 4…