Town of Apex v. Rubin

BRYANT, Judge.

*148 Where the time for filing notice of appeal was not tolled, we find plaintiff's appeal to be untimely. We therefore grant defendant's motion to dismiss plaintiff's appeal and deny plaintiff's petition for writ of certiorari.

Plaintiff Town of Apex filed a condemnation action on 30 April 2015 against defendant Beverly L. Rubin in Wake County Superior Court. Plaintiff sought to acquire an easement across defendant's property and connect sewer access to an adjoining property owned by a private developer.

*149 Before the case went to trial on the issue of just compensation, both plaintiff…