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TOLBERT v. COUNTY OF CALDWELL

No. COA95-486.

468 S.E.2d 504 (1996)

121 N.C. App. 653

Albert R. TOLBERT and wife, Willa C. Tolbert, Plaintiffs, v. COUNTY OF CALDWELL, A Political Subdivision of the State of North Carolina, Defendant.

Court of Appeals of North Carolina.

March 5, 1996.

Attorney(s) appearing for the Case

Richard B. Harper, Sylva, for plaintiffs-appellees/appellants.

Wilson, Palmer & Lackey, P.A. by David S. Lackey, Lenoir, for defendant-appellant/appellee.

GREENE, Judge.

The County of Caldwell (defendant) appeals from a partial summary judgment finding defendant liable for compensable damages incurred from a temporary taking of Allen and Willa Tolbert's (plaintiffs) easement and a jury verdict and judgment, finding the damages owed to plaintiffs by defendant for the temporary taking to be $6,625.00. Defendant also appeals an order taxing the costs of the action in the amount...

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