Lea Co. v. North Carolina Board of Transportation

WHICHARD, Judge.

Consent Judgment

Defendant contends the action is barred by a prior consent judgment in which it agreed to pay for the taking of a small portion of plaintiffs property, including fee simple title to a right of way and a temporary construction easement. It argues that because “compensation paid for the taking of property includes . . . the effects on the remaining property should only a portion be taken,” see G.S.136-112(1)(1981), the subsequent damage by flooding to the remainder of plaintiffs property was encompassed by the prior consent judgment, which expressly included “any…