After the property owners filed their inverse condemnation cases &
After the property owners received a partial judgment determining there was a taking &
After the DOT was ordered to plat the property, appraise, and deposit,
The NCDOT tried to file separate direct condemnations on the same property in a different case.
The property owners filed a motion to dismiss the NCDOT’s direct based on the prior pending doctrine. If the NCDOT wants to take the property, pay the inverse condemnation damages.
The trial judge in Forsyth County agreed with property owners. The NCDOT appealed.
The North Carolina Court of Appeals agreed with Property owners and said the dismissal of the NCDOT “quick take” direct condemnation in a separate action was inappropriate.
Attached is the opinion: Court of Appeal Judges McGee, Elmore & Murphy: Opinion – Stimpson -17-596-1