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Home / Courts / N.C. Court of Appeals / Real Property Condemnation — Civil Practice – Declaratory Judgment Action – Res Judicata – Preliminary Injunction (access required)

Real Property Condemnation — Civil Practice – Declaratory Judgment Action – Res Judicata – Preliminary Injunction (access required)

  Even though a separate direct condemnation action established that the plaintiff-town’s installation of a sewer pipe across defendant’s property was not for a public purpose, the issues of ownership of the pipe itself and as to whether equitable doctrines might bar defendant from removing the pipe were not addressed in that separate action. Therefore, these ...

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