For Winston-Salem lawyer Matthew Bryant, the recent North Carolina Court of Appeals decision that holds the state Department of Transportation liable for misusing the Map Act was an I-told-you-so moment six years in the making.Read More »
Kirby v. North Carolina Department of Transportation (Lawyers Weekly No. 15-07-0156, 47 pp.) (Linda McGee, C.J.) Appealed from Forsyth County Superior Court (John Craig III, J.) N.C. App. Holding: When, pursuant to the Transportation Corridor Official Map Act, the defendant ...
Tagged with: Map ActRead More »
Real Property – Eminent Domain — Civil Practice – Class Action – Certification Denied – Winston-Salem Northern Beltway – Map Act
Beroth Oil Co. v. North Carolina Department of Transportation In preparation for a proposed northern beltway around Winston-Salem, the N.C. Department of Transportation has placed many tracts of land in regulatory limbo – the DOT is not yet buying most of the land, but it is restricting the owners’ ability to use the land. Given the uniqueness of land and the variety of uses to which the affected owners have put or may wish to put their land, the owners do not form a class within the meaning of N.C. R. Civ. P. 23.Read More »