Cogdill v. North Carolina State Highway Commission

MOORE, Justice.

The parties stipulated that the hearing before Judge Thorn-burg was for a determination of all issues except damages, under G.S. 136-108.

G.S. 136-108 provides:

“Determination of issues other than damages. — After the filing of the plat, the judge, upon motion and ten (10) days’ notice by either the Highway Commission or the owner, shall, either in or out of term, hear and determine any and all issues raised by the pleadings other than the issue of damages, including, but not limited to, if controverted, questions of necessary and proper parties, title to the land, interest…