Turlington v. McLeod

PHILLIPS, Judge.

Petitioner, who owns a 21-acre tract of Harnett County land that is surrounded by lands belonging to the various respondents, brought this special proceeding to obtain a cartway from his land to a public road. An earlier proceeding for the same purpose, tried to the judge and affirmed by this Court, Turlington v. McLeod, 79 N.C. App. 299, 339 S.E. 2d 44, disc. rev. denied, 316 N.C. 557, 344 S.E. 2d 18 (1986), ended in an adjudication that plaintiff was not then entitled to a cartway under the provisions of G.S. 136-69 because (1) he was not using or preparing to use the land…