COA Dismisses Inverse Condemnation Appeal As Interlocutory

In Wilfong v. NC DOT, property owners conveyed part of their property to DOT so that it could widen a road. The owners then alleged that the highway had been raised higher than planned and made their driveway too steep to reasonably access their property. They filed a motion for hearing under N.C. Gen. Stat. §§ 136-108 and 136-111 to have the trial court determine all issues except damages. The trial court held that the change in the level of the highway was a taking, but did not determine damages. The COA held that DOT's appeal was interlocutory because the trial court's ruling did not resolve all issues and did not affect a substantial right.