For the reasons stated in the opinion by Arnold, J., for the Court of Appeals, relating to the issue arising under Power Co. v. Winebarger, 300 N.C. 57, 265 S.E.2d 227 (1980), the decision of the Court of Appeals is affirmed.
Affirmed.
Department of Transportation v. Fox, 327 N.C. 489 (1990)
Nov. 8, 1990
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Supreme Court of North Carolina
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No. 185A90
327 N.C. 489
DEPARTMENT OF TRANSPORTATION v. BETTY M. FOX, Individually and as Executrix of the Estate of JERRY HASSEL FOX; CAROL F. LONG and husband, JAMES A. LONG, III; VIRGINIA ELOISE CLARK and husband, ROBERT THURMAN CLARK
No. 185A90
(Filed 8 November 1990)
APPEAL by defendants pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 98 N.C. App. 61, 389 S.E.2d 640 (1990), awarding plaintiff a new trial in a condemnation action tried by Read, J., at the 23 January 1989 Civil Session of Superior Court, PERSON County, in which judgment was entered on 8 February 1989 awarding defendants damages in the sum of $150,000.00 plus interest and costs. Heard in the Supreme Court 11 October 1990.
Lacy H. Thornburg, Attorney General, by Thomas B. Wood and David R. Minges, Assistant Attorneys General, for plaintiffappellee.
Maxwell & Hutson, P.A., by James B. Maxwell and John C. Martin, for defendant-appellants.