Lea Company v. Narth Carolina Bd. of Transportation

WHICHARD, Justice.

The issue is whether the trial court properly denied plaintiff’s motion, pursuant to N.C.G.S. § 1A-1, Rule 60(b)(6), to reopen a prior judgment for the purpose of making additional findings and conclusions as to whether plaintiff should be awarded compound interest as an element of just compensation for defendant’s taking of an interest in plaintiffs property by inverse condemnation. We hold that it did.

This case is before us for the third time. On the first appeal, we affirmed a judgment that defendant was liable to plaintiff for the taking of a compensable interest in…