N. C. State Highway Commission v. Farm Equipment Co.

SHARP, Justice.

At the outset we note that it is immaterial whether the proceeding before Judge Martin be considered (1) a pre-trial hearing under G.S. 136-108 (1965) or (2) a motion to dismiss, converted under G.S. 1A-1, Rule 12(b) (1969) into a motion for summary judgment by the introduction of “matters outside the pleading.” In either event, it was Judge Martin’s function to decide all questions of fact and adjudicate Commission’s controverted right to condemn Tracts One and Two for the purpose specified. If he concluded that Commission lacked the power it sought to exercise, it was his…