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DUKE POWER CO. v. SMITH

No. 8120SC120.

282 S.E.2d 564 (1981)

DUKE POWER COMPANY, Petitioner, v. Rebecca R. SMITH, Whitman E. Smith, Jr. and wife, Kathryn Les Smith; and Rebecca Smith and Whitman E. Smith, Jr., Trustees of the W. E. Smith Residuary Trust Created Under Item 5 of the Last Will and Testament of W. E. Smith, Respondents.

Court of Appeals of North Carolina.

October 6, 1981.

Attorney(s) appearing for the Case

David L. Grigg, Albemarle and William I. Ward, Jr., Charlotte, for petitioner.

D. D. Smith, Albemarle, for respondents.

HARRY C. MARTIN, Judge.

Respondents assign as error the trial court's exclusion of evidence of comparable sales. The first, an eighty-acre tract, was sold to the Industrial Park a year and a half before the date of the trial. The trial court found that this eighty-acre tract was not a comparable sale because it was "different in nature and in zoning and in having water and sewer available." However, there was uncontroverted...

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