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Tag Archives: NCDOT

Road contractor collects $6.5M settlement from DOT (access required)

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A letter from the N.C. Department of Transportation secretary to a disgruntled resident helped a contractor win a $6.5 million award in the settlement of a breach-of-contract claim last month. Plaintiff’s attorney Matthew Bouchard said his client first filed a verified claim seeking more than $13 million to recover operating costs lost when completion of a road project the contractor was working on was delayed by more than 600 days. The contractor blamed DOT failures to meet project deadlines for the delay. The DOT rejected the claim so the company filed suit. The parties settled in pre-trial mediation.

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Real Property – Administrative Authority – DOT – Driveway Permit Statute – Railroad Crossing (access required)

High Rock Lake Partners, LLC v. North Carolina Department of Transportation A specific statute – the Driveway Permit Statute – gives the N.C. Department of Transportation authority to set conditions for property owners to gain access to adjacent roads. That statute does not give allow DOT to require a property owner to improve a railroad crossing a quarter-mile away or to obtain the consent of a third party.

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No way on the highway (access required)

The notion of a bypass around U.S. 74 from Charlotte into Union County had been kicking around for years before the newly formed Turnpike Authority in 2007 proposed the construction of a 20-mile toll road that would run parallel to U.S. 74, skirt Monroe and connect to the I-485 beltway southeast of Charlotte. Under the supervision of the Federal Highway Administration, the state Department of Transportation moved ahead with the project, the Monroe Connector, and appeared to be on track to begin construction — until May 3.

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Defense claim helps plaintiff hang onto larger share (access required)

Making a defense theory work for your plaintiff is sound strategy, especially when it helps your client hang on to a bigger chunk of a $480,000 settlement award. Attorney David Ventura negotiated a settlement with Flowe Grading Co.’s insurance company, Cincinnati Insurance Co., after his client was injured in an accident involving one of Flowe’s drivers. The plaintiff, a herbicide technician with the N.C. Department of Transportation, suffered back injuries that required a spinal implant and lumbar fusion surgery.

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Is this any way to build a road?  (access required)

When Paula Smith and her husband put their house in Winston-Salem up for sale nine years ago, they had plenty of lookers, but no buyers. They couldn’t figure out why, until they learned that the state planned to route the eastern loop of the Northern Beltway close to their neighbor’s house. The neighbor’s property would just be for green space, they were told, so the Smiths figured they’d get a buyer eventually. Two years later, when they tried to sell again, their real estate agent told them that the road had moved. Now it would run right through their house.

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Court tells DOT to take whole parcel, not just a portion of land  (access required)

Seventeen years after the state Department of Transportation first identified her property as in the path of Raleigh’s 540 Outer Loop extension, Blanche Morris will finally get her just compensation. Morris, now almost 90, lived in the same farmhouse on Jenks Road in Apex for more than 60 years and moved out last year, after the Turnpike Authority filed its condemnation action and deposited $1,216,500. At that time, the authority took only a 27-acre parcel that fronted Jenks Road and through which the roadway passed directly.

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