Top NC court reverses lower court’s rulings in two Map Act disputes
The North Carolina Supreme Court has overturned two recent lower-court rulings in cases involving the state’s now-repealed Map Act.
The North Carolina Supreme Court heard two Map Act cases Tuesday pitting property owners against the state Department of Transportation. DOT has warned that the cases could lead to payments “multiple times higher” than the state has faced in previous Map Act disputes. Plaintiffs have accused the department of “confusing” and “misleading” state courts.
Plaintiffs in Map Act cases at North Carolina’s highest court accuse the state Department of Transportation of “confusing” and “misleading” state courts in their disputes. DOT’s arguments have helped delay compensation owed to property owners, according to a court document filed Monday.
A plaintiff in one of two current Map Act cases at the North Carolina Supreme Court offered arguments this week that the state owes him for multiple infringements of his property rights. William Sanders' case is one of two current Map Act disputes at North Carolina's highest court.
The North Carolina Supreme Court will take another look at cases springing from the Map Act. That now-repealed state law allowed the state Department of Transportation to limit development of properties in designate
The North Carolina Department of Transportation is asking the state’s highest court to take a case dealing with a dispute over Map Act payments. DOT warns that a lower court ruling in the case could “create confusion” in future Map Act lawsuits.
The North Carolina Court of Appeals is ordering a trial judge to revisit the amount of money the state Department of Transportation must pay to resolve two Map Act disputes in Wake County. While that could mean less money for plaintiffs than the trial court had ordered, appellate judges rejected DOT’s argument that Map Act restrictions should be treated as “indefinite” rather then “temporary.”
The North Carolina Court of Appeals wrestled Wednesday with two Map Act cases from Wake County that could have significant impacts for both property owners and state taxpayers. Plaintiffs in the cases argued during an hourlong hearing that the state Department of Transportation seeks a Map Act “discount.” The department responded that the plaintiffs would force taxpayers to pay sums “many multiples higher” than awards offered in hundreds of other Map Act cases.
A plaintiff in a Map Act dispute with the North Carolina Department of Transportation disputes the department’s claims about a recent state Court of Appeals decision. DOT argued that the decision could produce “calamitous” results for taxpayers.
Plaintiffs who helped launch Map Act litigation against the North Carolina Department of Transportation back in 2010 are supporting the DOT in a current Map Act dispute. They filed paperwork Friday at the state Supreme Court to submit a friend-of-the-court brief in the case.
The North Carolina Department of Transportation is asking the state’s highest court to take up a recent Map Act case. DOT argues that a lower court ruling could lead to “calamitous” results if it’s allowed to stand. The challenged ruling could generate 1,600 new lawsuits and push state taxpayers' total Map Act bill over $1 billion.
Often at the end of something, one thinks about how it began. For me and my partners Paul Hendrick and Tim Nerhood, that “something” is 15 years of litigation against the North Carolina Department of Transportation over the Map Act — the law that allowed the NC DOT to reserve land for highways without paying for...