McKinney v. City of High Point

This cause is again before us in large measure because counsel and the trial court misconstrued and misinterpreted our former opinion, McKinney v. High Point, 237 N.C. 66, 74 S.E. 2d 440. When that opinion is considered contextually and correctly analyzed and construed, it appears that we, in effect, held that the complaint alleged only one act on the part of defendant which, if established by evidence, will support a finding that defendant has made a partial appropriation of plaintiffs’ property for a public use without just compensation.

Plaintiffs offered some evidence tending to show that…