Opinion

Jarvis v. Powers

  • 80 N.C. App. 355
  • 343 S.E.2d 195
  • 1986 N.C. App. LEXIS 2204
Court
Court of Appeals of North Carolina
Filed
May 6, 1986
Status
Published
Author
Hedrick
On the bench
Becton, Hedrick, Parker
Cited by
2 cases

instructing the trial court on remand to consider whether the roadway served an essentially private use in 1941 and if it did not, to declare the roadway a neighborhood public road

How later courts described this case

  • instructing the trial court on remand to consider whether the roadway served an essentially private use in 1941 and if it did not, to declare the roadway a neighborhood public road
  • applying first part of statute

Written by the judges who cited it.

The opinion

Chief Judge Hedrick

dissenting.

In my opinion the majority misconstrues and misapplies the proviso in G.S. 136-67. Under the circumstances in this case it is my opinion that there is no necessity for the trial judge to find the negative. The trial court need not explicitly find the absence of “an essentially private purpose.” In my opinion the findings and conclusions are supported by the evidence, and I vote to affirm the judgment.

This case should be brought to a conclusion. The action commenced in 1983. The judgment appealed from was entered eighteen months ago and was heard in this Court more than six months ago. I vote to affirm.

*369 [[Image here]]

APPENDIX

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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