Appeal by defendant from order entered 24 October 1995 by Judge Cy A. Grant, Sr. in Northampton County Superior Court. Heard in the Court of Appeals 11 September 1996. Attorney General Michael F. Easley, by Assistant Attorney General W. Richard Moore and Assistant Attorney General Elizabeth N. Strickland, for defendant-appellant.
Defendant appeals the trial court's grant of summary judgment for plaintiffs.
Whiteco rejected the DOT's relocation offer and refused to move the sign. By deed recorded 24 February 1994, the DOT purchased part of the Crew estate land, including the land on which the sign was located, in order to construct a Welcome Center. In March, June, and July 1994, the DOT again wrote Whiteco and warned that it would remove the sign if Whiteco did not do so. In August 1994, Whiteco's sign was moved during construction of the Welcome Center. Both parties filed motions for summary judgment on the issue of the DOT's liability to pay just compensation.