Beroth Oil Co. v. North Carolina Department of Transportation
Supreme Court of North Carolina
1Opinion of the Court
JACKSON, Justice.
In this appeal we consider whether the Court of Appeals erred by affirming the trial court’s order denying plaintiffs’ motion for class certification. We hold that analyzing the substantive merits of plaintiffs’ inverse condemnation claim is improper at the class certification stage and therefore, the trial court and the Court of Appeals erred in doing so. We also conclude that because of the unique nature of property, coupled with the large number of diverse tracts involved in this litigation, individual issues would predominate over common *334issues of law and fact in a trial…
2Cases cited39 opinions
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Connolly v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1986
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3Cited by31 opinions
- Kirby v. North Carolina Department of TransportationSupreme Court of North Carolina · 2016
- Wilkie v. City of Boiling Spring LakesSupreme Court of North Carolina · 2018
- Fisher v. Flue-Cured Tobacco Cooperative Stabilization Corp.Supreme Court of North Carolina · 2016
- Beroth Oil Co. v. N.C. Dep't of Transp.Court of Appeals of North Carolina · 2017
- Dep't of Transp. v. StimpsonCourt of Appeals of North Carolina · 2018
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