Legal Opinion

North Carolina Department of Transportation v. Stagecoach Village

Court of Appeals of North Carolina

Decided December 6, 2005No. COA03-1026-2PublishedCited by 4 opinions

1Opinion of the Court

WYNN, Judge.

A person is a necessary party to an action when he is so vitally interested in the controversy involved in the action that a valid judgment cannot be rendered in the action completely and finally determining the controversy without his presence as a party. Strickland v. Hughes, 273 N.C. 481, 485, 160 S.E.2d 313, 316 (1968). Plaintiff contends that the individual lot owners who have a recorded easement in the condemned common area are not necessary parties for a determination of the just compensation for the common areas. As we hold those owners of the easement have a material…

2Cases cited9 opinions

  1. Booker v. EverhartSupreme Court of North Carolina · 1978
  2. Strickland Ex Rel. Steed v. HughesSupreme Court of North Carolina · 1968
  3. Creek Pointe Homeowner's Ass'n v. HappCourt of Appeals of North Carolina · 2001
  4. NORTH CAROLINA STATE HIGHWAY COM'N v. NucklesSupreme Court of North Carolina · 1967
  5. North Carolina Department of Transportation v. Stagecoach VillageSupreme Court of North Carolina · 2005

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Conleys Creek Ltd. P'ship v. Smoky Mountain Country Club Prop. Owners Ass'nCourt of Appeals of North Carolina · 2017
  2. Wallach v. Linville Owners Ass'n, Inc.Court of Appeals of North Carolina · 2014
  3. Dep't of Transp. v. Fernwood Hill TownhomeCourt of Appeals of North Carolina · 2007
  4. Great Smoky Mountains R.R., LLC v. Mach 2 Invs., LLCCourt of Appeals of North Carolina · 2026

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