HOUSING AUTHORITY OF CITY OF WILSON v. Wooten

The basis of the Housing Authority’s motion to strike Sections 1, 3, 6, 7, 8, 9, and 10 from respondents’ further answer and defense contained in their amended answer is that the facts therein alleged constitute no legal defense to its special proceeding to condemn respondents’ land. The stricken allegations are in substance a plea in bar that denies the Housing Authority’s right to condemn their land, and which, if established, will destroy its right. Mercer v. Hilliard, 249 N.C. 725, 107 S.E. 2d 554; In re Housing Authority of the City of Salisbury, 235 N.C. 463, 70 S.E. 2d 500. In…