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Home / Opinion Digests / Civil Practice / Civil Practice – Appeals – Rule 59 Motion – Available Evidence – Real Property – Condemnation – Private Purpose – Municipal (access required)

Civil Practice – Appeals – Rule 59 Motion – Available Evidence – Real Property – Condemnation – Private Purpose – Municipal (access required)

The plaintiff-town disagreed with the trial court’s ruling that its condemnation of defendant’s land was for a private purpose, so the town filed a motion under N.C. R. Civ. P. 59, seeking the trial court’s consideration of evidence that had been available to the town at the time of the original hearing under G.S. § ...

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