Town of Midland v. Wayne

DILLON, Judge.

In February 2009, Plaintiff Town of Midland (the “Town”) filed two actions to condemn portions of two adjacent tracts of land (the “Wayne Tracts”) owned by Defendant, Darryl Keith Wayne, Trustee of the Darryl Keith Wayne Revocable Trust (“Defendant”). On 2 December 2011, the trial court held a hearing pursuant to N.C. Gen. Stat. § 40A-47 (2011), to consider all issues relating to the taking other than compensation. The trial court subsequently entered various orders regarding the matters raised at the hearing, which are the subject of this appeal.

I. Background

The Wayne Tracts,…