Legal Opinion

Dep't of Transporation v. Ashcroft Dev., LLC

Court of Appeals of North Carolina

Decided June 7, 2016No. COA 15–1080PublishedCited by 1 opinion

1Opinion of the Court

HUNTER, JR., ROBERT N. Judge.

The Department of Transportation ("DOT") appeals from a judgment entered 21 April 2015 granting Ashcroft Development, LLC's ("Ashcroft") Motion for Judgment on the Pleadings which awarded Ashcroft the DOT's estimate of just compensation for a taking previously deposited with the Clerk of Court of Rockingham County. We affirm the trial court's judgment granting Ashcroft's Motion for Judgment on the Pleadings.

I. Factual and Procedural Background

DOT instituted this action against Ashcroft on 19 July 2010 to condemn portions of real property owned by Ashcroft. On 29…

2Cases cited4 opinions

  1. Reese v. Mecklenburg CountyCourt of Appeals of North Carolina · 2009
  2. Housing Authority v. SPARKS ENGINEERING, PLLC.Court of Appeals of North Carolina · 2011
  3. Doe v. Duke UniversityCourt of Appeals of North Carolina · 1995
  4. Department of Transportation v. CombsCourt of Appeals of North Carolina · 1984

3Cited by1 opinion

  1. City of Charlotte v. Univ. Fin. Props., LLCCourt of Appeals of North Carolina · 2018

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