Issue

Inverse condemnation declaratory judgment action—prior direct condemnation action pending—damages left unresolved

Summary

A municipality was precluded from filing an action seeking a declaratory judgment regarding its claim of inverse condemnation where an earlier direct condemnation action regarding the same sewer easement across private property remained pending in that a judgment entered by the trial court in the direct condemnation action–which held that the taking of the sewer easement was for a private purpose (and that the public's interest was merely incidental) such that the municipality's exercise of eminent domain was null and void–left unresolved the issue of damages (including the appropriate remedy) because the municipality had already installed a sewer line in the easement.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →