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Home / Courts / N.C. Court of Appeals / Real Property – Condemnation – Parking Spaces & Retaining Wall – Civil Practice – Rule 60 Relief (access required)

Real Property – Condemnation – Parking Spaces & Retaining Wall – Civil Practice – Rule 60 Relief (access required)

Although there were indicia of fraud and misrepresentation in the Department of Transportation’s communications with the defendant-landowner, since DOT’s forced taking of defendant’s property was not an arms-length transaction, the trial court could grant defendant relief under N.C. R. Civ. P. 60(b)(6), with its more lenient time limit, rather than Rule 60(b)(3). We affirm the trial ...

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