Department of Transportation v. Nelson Co.

WYNN, Judge.

The North Carolina Department of Transportation (“DOT”) brought this land condemnation action to acquire a portion of Creekstone Office Park (“Creekstone”) in Durham County, North Carolina.

Creekstone consists of: (1) a day care owned by a national day care operator; (2) an undeveloped site owned by defendant The Nelson Company (“Nelson parcel”), a North Carolina General Partnership; and (3) a lot with an office building located on it, owned by Riverbirch Associates (“Riverbirch parcel”), a' North Carolina General Partnership. All eleven general partners of Nelson are general…