Legal Opinion
Department of Transportation v. Overton
Court of Appeals of North Carolina
Decided September 7, 1993No. 9211SC781PublishedCited by 9 opinions
1Opinion of the Court
LEWIS, Judge.
On 8 August 1989 the Department of Transportation (hereafter “DOT”) filed complaints and the necessary declarations of taking and notices of deposit against Dolph Overton, III, his wife Sue Overton, and CSX Transportation, Inc. (hereafter “CSX”), seeking to condemn a roadway across CSX’s main line railroad right of way. Although the Overtons are denominated as defendants in this action, they actually petitioned to have the road built and have fully cooperated with DOT. CSX, however, opposed the roadway. At a hearing held pursuant to N.C.G.S. § 136-108, the trial court dismissed…
2Cases cited7 opinions
- City of Charlotte v. McNeelySupreme Court of North Carolina · 1972
- Lumbee River Electric Membership Corp. v. City of FayettevilleSupreme Court of North Carolina · 1983
- State Highway Commission v. BattsSupreme Court of North Carolina · 1965
- State v. Core Banks Club Properties, Inc.Supreme Court of North Carolina · 1969
- N. C. State Highway Commission v. Farm Equipment Co.Supreme Court of North Carolina · 1972
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Department of Transportation v. BlueCourt of Appeals of North Carolina · 2001
- Transcontinental Gas Pipe Line Corp. v. Calco EnterprisesCourt of Appeals of North Carolina · 1999
- The Town of Collierville, Tennessee, Schilling, Inc., Jane Porter Feild, and Joel H. Porter v. Norfolk Southern Railway CompanyCourt of Appeals of Tennessee · 1998
- Dare County Board of Education v. SakariaCourt of Appeals of North Carolina · 1995
- In re Appeal of Parkdale MillsCourt of Appeals of North Carolina · 2013
4 more not listed; retrieve them via the Exa API.