Mountain Retreat Ass'n v. Mount Mitchell Development Co.
Supreme Court of North Carolina
Appeal by plaintiff from Brock, J., at October Term, 1921, of BuNCOMBE. Civil action, beard on return to preliminary restraining order.
1Opinion of the CourtHoke, J.
From the facts in evidence it appears prima facie that defendant company has been duly incorporated under the laws of this State, O. S., ch. 22, sec. 1113 et seep, and having power under its charter to construct and maintain turnpike or toll roads in said State and various other powers not pertinent to the present inquiry. This being-true, said company, by statutory authority and in express terms, has the right under the power of eminent domain to condemn such right of way as may be reasonably required for the purpose specified, and our decisions on the subject hold that this power of eminent…
2Cases cited7 opinions
- Carolina-Tennessee Power Co. v. Hiawassee River Power Co.Supreme Court of North Carolina · 1918
- Hunt v. . SneedSupreme Court of North Carolina · 1870
- Holly Shelter Railroad v. NewtonSupreme Court of North Carolina · 1903
- Wadsworth Land Co. v. Piedmont Traction Co.Supreme Court of North Carolina · 1913
- State v. WhitakerSupreme Court of North Carolina · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City of Reidsville v. SladeSupreme Court of North Carolina · 1944
- Power Co. v. . Power Co.Supreme Court of North Carolina · 1918
- SOUTHERN RAILWAY COMPANY v. City of GreensboroSupreme Court of North Carolina · 1957
- Doby v. BrownDistrict Court, M.D. North Carolina · 1955
- Power Co. v. . Power Co.Supreme Court of North Carolina · 1916
1 more not listed; retrieve them via the Exa API.