TOWN OF MIDLAND v. WAYNE

No. 458PA13.

773 S.E.2d 301 (2015)

TOWN OF MIDLAND v. Darryl Keith WAYNE, Trustee, or any successors in trust, under the Darryl Keith Wayne Revocable Trust Agreement, and any Amendments thereto, dated February 23, 2007.

Supreme Court of North Carolina.

June 11, 2015.


Attorney(s) appearing for the Case

Hartsell & Williams, P.A., by Andrew T. Cornelius , Concord, and Brittany M. Love , for plaintiff-appellee.

Vandeventer Black LLP, by Norman W. Shearin , Kitty Hawk , David P. Ferrell , and Ashley P. Holmes , Raleigh, for defendant-appellant.


In this condemnation action we decide the existence of a vested right to develop a subdivision and the effect of that vested right on the questions of unity of ownership and damages. We hold that the owners of the undeveloped portions of the subdivision have a vested right to complete the subdivision in accordance with the pre-approved...

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