CITY OF HIGH POINT v. FARLOW

No. 7518SC592.

220 S.E.2d 841 (1976)

28 N.C. App. 343

CITY OF HIGH POINT, Petitioner, v. H. F. FARLOW and wife, Pearl E. Farlow, Respondents.

Court of Appeals of North Carolina.

January 7, 1976.


Attorney(s) appearing for the Case

City Atty. Knox Walker, High Point, for petitioner-appellant.

Schoch, Schoch, Schoch & Schoch by Arch K. Schoch, High Point, for respondents-appellees.


CLARK, Judge.

In oral argument before this Court it was stipulated by counsel that the purpose of the taking was for an overhead transmission line, referred to in the resolution of petitioner as "Brentwood Conductor lines." But this does not relieve the necessity for a declaration of whether the petitioner is taking an easement or a fee in this proceeding. The statute under which this condemnation is brought (Chapter 1032, Session Laws of 1959) requires that the condemnation...

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