Legal Opinion

McDonald's Corp. v. Dwyer

Supreme Court of North Carolina

Decided December 9, 1994No. 355PA93PublishedCited by 28 opinions

1Opinion of the Court

*446FRYE, Justice.

This case involves the ownership of land formerly subject to a railroad right-of-way easement which was abandoned by Seaboard Coastline Railroad prior to 19 June 1987. Defendants William D. Dwyer and wife, Hester T. Dwyer, have record title to the property at issue and have leased it to defendant Joni-Son Enterprises, Inc. Defendant Branch Banking and Trust Company holds a deed of trust on the Dwyers’ property. Jerone C. Herring is the Trustee pursuant to the deed of trust. Plaintiff, McDonald’s Corporation, is the owner of the property adjacent to the abandoned railroad…

2Cases cited11 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. Texaco, Inc. v. ShortSupreme Court of the United States · 1982
  4. Eason v. SpenceSupreme Court of North Carolina · 1950
  5. Pinkham v. PinkhamNebraska Supreme Court · 1901

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3Cited by28 opinions

  1. Sheaffer v. County of ChathamDistrict Court, M.D. North Carolina · 2004
  2. Tully v. City of WilmingtonSupreme Court of North Carolina · 2018
  3. Polygenex International, Inc. v. Polyzen, Inc.Court of Appeals of North Carolina · 1999
  4. Griffin v. GriffinSupreme Court of North Carolina · 1998
  5. Woody v. THOMASVILLE UPHOLSTERY EMPLOYERCourt of Appeals of North Carolina · 2001

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