# Department of Transportation v. Harkey

> Court of Appeals of North Carolina · May 4, 1982 · 57 N.C. App. 172

URL: https://www.frixlaw.com/law-library/cases/8904510

## Case

- **Full name:** DEPARTMENT OF TRANSPORTATION v. RAY HARKEY, JOHN REAVIS & CHARLES SULLIVAN, as Trustees of Southside Baptist Church
- **Court:** Court of Appeals of North Carolina
- **Decided:** May 4, 1982
- **Citations:** 57 N.C. App. 172; 290 S.E.2d 773; 1982 N.C. App. LEXIS 2605
- **Precedential status:** Published
- **Opinion:** Dissent by Webb
- **Judges:** Arnold, Clark, Webb
- **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/8904510

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8904510. Public record. Not legal advice.