# Board of Transportation v. Harrison

> Court of Appeals of North Carolina · June 19, 1974 · 22 N.C. App. 193

URL: https://www.frixlaw.com/law-library/cases/6731821

## Case

- **Full name:** BOARD OF TRANSPORTATION (formeriy State Highway Commission) v. ARTHUR HARRISON
- **Court:** Court of Appeals of North Carolina
- **Decided:** June 19, 1974
- **Citations:** 22 N.C. App. 193; 205 S.E.2d 751; 1974 N.C. App. LEXIS 2277
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brock
- **Judges:** Baley, Brock, Parker
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6731821

## Opinion text

BROCK, Chief Judge.
It seems significantly strange that plaintiff would seek to dismiss its own lawsuit. Such a Rule 12(b) (6) motion becomes even more of an oddity when joined with the plaintiff’s motion for summary judgment in its favor.
In any event, after reviewing the record before us, we conclude that our writ of certiorari was improvidently issued. This *194 cause is remanded to the Superior Court in Currituck County for such further proceedings as may he deemed appropriate.
Remanded.
Judges Parker and Baley concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6731821. Public record. Not legal advice.