Opinion

Department of Transportation v. Harkey

57 N.C. App. 172
290 S.E.2d 773
1982 N.C. App. LEXIS 2605

Court: Court of Appeals of North Carolina
Filed: May 4, 1982
Status: Published
Author: Webb
On the bench: Arnold, Clark, Webb
Cited by: 0 cases
Authority: More cited than 19.0%

The opinion

Judge WEBB

dissenting.

I dissent from the majority. I believe that under the holding of Smith Co. v. Highway Comm., 279 N.C. 328 , 182 S.E. 2d 383 (1971), the defendants’ access to the street has been injured for which they are entitled to compensation. I do not believe that the fact that commercial property was involved in Smith is a distinction which should make a difference. I vote to reverse.

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