Department of Transportation v. Blevins

I concur in sections II, III, and IV of the majority’s opinion. However, I respectfully dissent from the majority’s holding in section I because I believe it departs from precedent established by our Supreme Court in Barnes v. Highway Commission, 257 N.C. 507, 126 S.E.2d 732 (1962) as well as this Court’s precedent in City of Concord v. Stafford, 173 N.C. App. 201, 618 S.E.2d 276 (2005). In view of Barnes and Stafford, I would hold that the trial court abused its discretion by admitting evidence regarding the effect of the median on the diminution in value of Blevins’ property.

The facts in…