Eastern Appraisal Services, Inc. v. State of North Carolina

MARTIN, John C., Judge.

Summary judgment is appropriate when no genuine issues of material fact exist and a party is entitled to judgment as a matter of law. N.C. Gen. Stat. 1A-1, Rule 56; Long v. Vertical Technologies, Inc., 113 N.C. App. 598, 439 S.E.2d 797 (1994). There are no genuine issues of material fact present in the case before us. The sole question for our determination is whether defendants’ actions constituted a taking of plaintiffs property, entitling plaintiff to just compensation under the constitutions of the United States and North Carolina. We hold that no compensable taking…