Appeal by plaintiffs and defendant from judgment entered 7 November 1994 in Caldwell County Superior Court by Judge Forrest A. Ferrell. Appeal by defendant from judgment entered 30 September 1994 in Caldwell County Superior Court by Judge Hollis M. Owens, Jr., and order entered 7 November 1994 in Caldwell County Superior Court by Judge Forrest A. Ferrell. Heard in the Court of Appeals 1 February 1996.
Plaintiffs appeal the jury verdict and judgment.
The Agreement created a sixty foot easement across the landfill, for the use and benefit of Tolbert, See footnote 1 his heirs and assigns. Defendant agreed that the sixty foot easement would be opened to the public when defendant ceased its landfill operation, or ten years from 18 September 1980, whichever occurred first. After defendant entered into the Agreement, a state agency promulgated regulations requiring landfill operators to control public access to the landfill. Defendant admitted that there has been a taking between 19 September 1990 and 22 July 1994 but claimed that it had not taken the easement and that the taking was made by the federal and state governments. Both parties requested summary judgment.