North Carolina State Highway Commission v. York Industrial Center, Inc.

The only question for decision is the right of plaintiff to have the action dismissed. In support of that right, it points to G.S. 1-209.2, which says: “The petitioner in all condemnation proceedings authorized by G.S. 40-2 or by any other statute is authorized and allowed to take a voluntary nonsuit.”

The statute on which plaintiff relies was enacted in 1957. Needless to say, it should not be interpreted in such manner as to render it unconstitutional, if a reasonable constitutional interpretation can be given.

The right of a petitioner in a condemnation proceeding to submit to a voluntary…