Guyton v. North Carolina Board of Transportation

PARKER, Judge.

Plaintiffs contend the trial court’s denial of their motion for a temporary restraining order was error. They argue that the excavation and removal of the old roadway of N. C. Highway No. 133 would constitute a taking of their property which would not be for a public purpose and that injunctive relief is proper to keep a government agency from abusing its powers. We do not agree.

The owner of land which abuts a highway is recognized to have a special right of easement in the highway for access purposes, and this is a property right which cannot be taken from him without just…