Pelham Realty Corp. v. Board of Transportation

BRITT, Justice.

I

After finding numerous facts, Judge Long made three conclusions of law: First, the Department has the authority, pursuant to G.S. § 136-89.55, to construct such service roads as in its opinion are necessary or desirable; second, the right-of-way which the Department seeks to acquire from plaintiffs is for a public road; and, third, the Department’s exercise of its powers of condemnation in this case is for a public purpose. Each of these conclusions is pertinent to a proper resolution of the case sub judice. However, two preliminary considerations must be addressed first if…