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HUNT v. NORTH CAROLINA DEPT. OF TRANSP.

No. 7:02-CV-45-H(1).

299 F.Supp.2d 529 (2004)

Minnie Kelly HUNT, William G. Hunt, Kathryn McCoy, and Sunset Beach Taxpayers' Association, Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Lyndo Tippett, North Carolina Highway Administration, Len A. Sanderson, United States Department of Transportation, Normany Y. Mineta, Federal Highway Administration, and Mary E. Peters, Defendants, and Town of Sunset Beach, Defendant-Intervenor.

United States District Court, E.D. North Carolina, Southern Division.

January 7, 2004.

Attorney(s) appearing for the Case

James B. Maxwell, Maxwell, Freeman & Bowman, Durham, NC, for plaintiffs.

Frederick C. Lamar, N.C. Attorney General Office, Lisa C. Glover, N.C. Department of Transportation, Attorney General's Office, R.A. Renfer, Jr., Asst. U.S. Attorney, Office of U.S. Attorney, Raleigh, NC, James C. Thomason, III, Federal Highway Administration, Atlanta, GA, Amos C. Dawson, III, Maupin, Taylor, Ellis & Adams, Raleigh, NC, for defendants.

ORDER

MALCOLM J. HOWARD, District Judge.

This matter is before the court on the parties' cross-motions for summary judgment. The parties have responded appropriately, and this matter is ripe for adjudication.

STATEMENT OF THE CASE

Plaintiffs initiated this suit by filing a complaint on March 27, 2002, against defendants United States Department of Transportation, Federal Highway Administration (FHWA) and the named officials thereof...

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