DeHart v. North Carolina Department of Transportation

GEER, Judge.

Plaintiffs Allen Charles DeHart and Luearttie DeHart appeal from the trial court’s dismissal of their claim for inverse condemnation arising out of the failure of the North Carolina Department of Transportation (“DOT”) to grade their driveway at a slope of no more than- 10 percent after widening a highway running past plaintiffs’ property. Because plaintiffs have not established that they were substantially deprived of the use of their property by DOT’S actions, we affirm the trial court’s order.

Facts

Plaintiffs own a tract of land in Graham County, North Carolina. In 1998, DOT…