City of Charlotte v. Rousso

PHILLIPS, Judge.

The order appealed from permits plaintiff City to condemn defendants’ lot situated on South Tryon Street in downtown Charlotte for a public park. In disputing the validity of the order the defendants make three contentions, all of which are manifestly without merit, and we overrule them.

Their first contention is that this suit is barred under res judicata by a judgment which dismissed a prior suit by plaintiff to condemn the same land; but this case is not based upon the same facts as the prior case and res judicata does not apply. Flynt v. Flynt, 237 N.C. 754, 75 S.E. 2d 901…