North Carolina Department of Transportation v. Blevins

As to the issue of whether the trial court abused its discretion by allowing evidence of the effect of the creation of a traffic median, which is an exercise of police power, we believe after reviewing the evidence presented at trial that the references were de minimis and thus not prejudicial. We affirm the decision of the Court of Appeals except that, in accordance with Barnes v. North Carolina State Highway Commission, 257 N.C. 507, 126 S.E.2d 732 (1962), we disavow the following language in the Court of Appeals opinion:

Evidence of the construction of the traffic median near Blevins’…