Department of Transportation v. Byerly

573 S.E.2d 522 (2002)

DEPARTMENT OF TRANSPORTATION, Plaintiff,

v.

Joe S. BYERLY and wife, Betsy Byerly, Defendants.

No. COA01-1531.

Court of Appeals of North Carolina.

December 3, 2002.

Brooks, Pierce, McLendon, Humphrey and Leonard, L.L.P., by George W. House and Brian J. McMillan, Greensboro, for defendants-appellants.

Attorney General Roy Cooper, by Assistant Attorney General David R. Minges and Hilda Burnett-Baker for plaintiff-appellee.

WYNN, Judge.

In this appeal from a condemnation order, defendants present two issues: (I) Did the trial court err by concluding that defendants failed to establish…