Wednesday, January 07, 2009, 1:31 AM

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. ยงยง 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.


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