978-1285770178 Case Printout Case CPC-29-08 Part 1

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N.C.App.,2011.
Town of Midland v. Morris
page-pf2
and
Town of Midland, Plaintiff,
and
Town of Midland, Plaintiff,
v.
Concord Police Club, Inc., Defendant.
and
Theron Keith Honeycutt and Ann Nash Honeycutt, Defendants.
and
Harry T.[ ] Morris and Maralyn R. Morris, Plaintiffs,
v.
Town of Midland, Defendant.
v.
Town of Midland, Defendant.
and
Marlene T. Cook and Jennings R. Cook, Plaintiffs,
v.
Billy James, Norris James and Amelia Goodnight, Plaintiffs,
v.
page-pf3
Town of Midland, Defendant.
v.
Town of Midland, Defendant.
No. COA10322.
Jan. 18, 2011.
(1) appeal was not moot, despite pipeline's completion;
(2) acquisition of property was “for use the city,” even in the absence of plan to furnish gas services to town citi-
zens;
(3) condemnation was for the public use;
(4) condemnation was for the public benefit;
West Headnotes
[1] Eminent Domain 148 262(1)
Property owners' appeal in condemnation action regarding pipeline right of way was not moot, even though
pipeline construction was complete, as, if successful, property owners would be entitled to relief both in the form of
page-pf4
reimbursement for their costs in the action, as well as in the form of return of title to the land. West's N.C.G.S.A.
157k48 k. Official proceedings and acts. Most Cited Cases
Court of Appeals considering town's condemnation action for gas pipeline right of way would take judicial no-
tice of Utilities Commission order which allowed joint motion for approval of settlement and abandonment of natu-
ral gas service, as it was an important public document.
157k20(1) k. In general. Most Cited Cases
Evidence 157 23(1)
157 Evidence
gas services, as fact that other cities might soon have a need for the natural gas flowing through the pipeline had no
effect on the validity of the condemnations.
[4] Eminent Domain 148 261
nent domain case.
page-pf5
[5] Eminent Domain 148 34
Town's acquisition of property by condemnation to establish a gas transmission and distribution system was
“for use the city,” even in the absence of a concrete, immediate plan to furnish gas services to town citizens; place-
ment of a tap on the pipeline and acquisition of the right to low-cost natural gas satisfied requirement that the public
enterprise be established and conducted for the city and its citizen, and contracted-for right to install a tap on the
indicated that town would eventually furnish natural gas services to its citizens. West's N.C.G.S.A. §§ 160A240.1,
148k6 Delegation of Power
148k9 k. To municipality. Most Cited Cases
Eminent Domain 148 13
268 Municipal Corporations
268VI Property
268k223 k. Purposes for which property may be acquired or held. Most Cited Cases
page-pf6
148I Nature, Extent, and Delegation of Power
148k16 Particular Uses or Purposes
148k34 k. Production and supply of oil or gas. Most Cited Cases
148 Eminent Domain
148I Nature, Extent, and Delegation of Power
148k12 Public Use
148k13 k. In general. Most Cited Cases
148 Eminent Domain
148I Nature, Extent, and Delegation of Power
148k16 Particular Uses or Purposes
148k34 k. Production and supply of oil or gas. Most Cited Cases
148 Eminent Domain
148I Nature, Extent, and Delegation of Power
148k12 Public Use
148k13 k. In general. Most Cited Cases
page-pf7
page-pf8
page-pf9
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
30 Appeal and Error
30II Nature and Grounds of Appellate Jurisdiction
30k23 k. Determination of questions of jurisdiction in general. Most Cited Cases
Standing is a jurisdictional issue and the Court of Appeals may raise the question of subject matter jurisdiction
148k284 k. Persons entitled to sue. Most Cited Cases
The real party in interest who by substantive law has the legal right to enforce a claim under statute requiring
county consent to a condemnation action by a town in a different county is the county affected by a potential viola-
tion, and not an individual property owner. West's N.C.G.S.A. § 153A15; Rules Civ.Proc., Rule 17, West's
30IV(A) Persons Entitled
30k151 Parties or Persons Injured or Aggrieved
30k151(1) k. In general. Most Cited Cases
Appeal and Error 30 151(2)
An appeal may only be taken by an aggrieved real party in interest; a “person aggrieved” is one adversely af-
fected in respect of legal rights, or suffering from an infringement or denial of legal rights.
[20] Action 13 13
page-pfa
and
Town of Midland, Plaintiff,
and
Town of Midland, Plaintiff,
v.
Concord Police Club, Inc., Defendant.
and
Theron Keith Honeycutt and Ann Nash Honeycutt, Defendants.
and
Harry T.[ ] Morris and Maralyn R. Morris, Plaintiffs,
v.
Town of Midland, Defendant.
v.
Town of Midland, Defendant.
and
Marlene T. Cook and Jennings R. Cook, Plaintiffs,
v.
Billy James, Norris James and Amelia Goodnight, Plaintiffs,
v.
Town of Midland, Defendant.
v.
Town of Midland, Defendant.
No. COA10322.
Jan. 18, 2011.
(1) appeal was not moot, despite pipeline's completion;
(2) acquisition of property was “for use the city,” even in the absence of plan to furnish gas services to town citi-
zens;
(3) condemnation was for the public use;
(4) condemnation was for the public benefit;
West Headnotes
[1] Eminent Domain 148 262(1)
Property owners' appeal in condemnation action regarding pipeline right of way was not moot, even though
pipeline construction was complete, as, if successful, property owners would be entitled to relief both in the form of
reimbursement for their costs in the action, as well as in the form of return of title to the land. West's N.C.G.S.A.
157k48 k. Official proceedings and acts. Most Cited Cases
Court of Appeals considering town's condemnation action for gas pipeline right of way would take judicial no-
tice of Utilities Commission order which allowed joint motion for approval of settlement and abandonment of natu-
ral gas service, as it was an important public document.
157k20(1) k. In general. Most Cited Cases
Evidence 157 23(1)
157 Evidence
gas services, as fact that other cities might soon have a need for the natural gas flowing through the pipeline had no
effect on the validity of the condemnations.
[4] Eminent Domain 148 261
nent domain case.
[5] Eminent Domain 148 34
Town's acquisition of property by condemnation to establish a gas transmission and distribution system was
“for use the city,” even in the absence of a concrete, immediate plan to furnish gas services to town citizens; place-
ment of a tap on the pipeline and acquisition of the right to low-cost natural gas satisfied requirement that the public
enterprise be established and conducted for the city and its citizen, and contracted-for right to install a tap on the
indicated that town would eventually furnish natural gas services to its citizens. West's N.C.G.S.A. §§ 160A240.1,
148k6 Delegation of Power
148k9 k. To municipality. Most Cited Cases
Eminent Domain 148 13
268 Municipal Corporations
268VI Property
268k223 k. Purposes for which property may be acquired or held. Most Cited Cases
148I Nature, Extent, and Delegation of Power
148k16 Particular Uses or Purposes
148k34 k. Production and supply of oil or gas. Most Cited Cases
148 Eminent Domain
148I Nature, Extent, and Delegation of Power
148k12 Public Use
148k13 k. In general. Most Cited Cases
148 Eminent Domain
148I Nature, Extent, and Delegation of Power
148k16 Particular Uses or Purposes
148k34 k. Production and supply of oil or gas. Most Cited Cases
148 Eminent Domain
148I Nature, Extent, and Delegation of Power
148k12 Public Use
148k13 k. In general. Most Cited Cases
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
30 Appeal and Error
30II Nature and Grounds of Appellate Jurisdiction
30k23 k. Determination of questions of jurisdiction in general. Most Cited Cases
Standing is a jurisdictional issue and the Court of Appeals may raise the question of subject matter jurisdiction
148k284 k. Persons entitled to sue. Most Cited Cases
The real party in interest who by substantive law has the legal right to enforce a claim under statute requiring
county consent to a condemnation action by a town in a different county is the county affected by a potential viola-
tion, and not an individual property owner. West's N.C.G.S.A. § 153A15; Rules Civ.Proc., Rule 17, West's
30IV(A) Persons Entitled
30k151 Parties or Persons Injured or Aggrieved
30k151(1) k. In general. Most Cited Cases
Appeal and Error 30 151(2)
An appeal may only be taken by an aggrieved real party in interest; a “person aggrieved” is one adversely af-
fected in respect of legal rights, or suffering from an infringement or denial of legal rights.
[20] Action 13 13

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