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Queen City Coach Co. v. Fultz

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eBook details

  • Title: Queen City Coach Co. v. Fultz
  • Author : Supreme Court of North Carolina
  • Release Date : January 28, 1957
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

Interstate Highway 40 (formerly U.S. Highway 64 Bypass around the City of Statesville) at the location in question on this appeal is a controlled access highway (G.S. 136-89.49(2)); and is so treated by both parties in this controversy. The petitioner does not question the authority of the State Highway Commission to close its access road to U.S. Highway 64 Bypass (now Interstate 40). There can be no doubt of the authority of the State Highway Commission upon its finding that the use of a direct access from adjoining property onto such highway is an obstruction to the free flow of traffic thereon, or a hazard to the safety of travelers upon the highway, to prohibit further use of the direct access. Article 6D of Chapter 136 of the General Statutes of North Carolina; Petroleum Marketers v. Highway Commission, 269 N.C. 411, 152 S.E.2d 508. In such event, the remedy of the property owner is by a proceeding under Chapter 136 of the General Statutes, and this is the remedy sought by the plaintiff in this action.


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