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NO. COA12-1103 NORTH CAROLINA COURT OF APPEALS Filed: 16 April 2013 CITY OF WILSON, Plaintiff-Appellee, v. THE BATTEN FAMILY, L.L.C.; BRANCH BANKING & TRUST; and BB&T COLLATERAL SERVICES CORPORATION, Trustee, Defendants-Appellants. Wilson County No. 08 CVS 1285

Appeal by Defendants from order entered 4 January 2012 by Judge James C. Cole in Superior Court, Wilson County. the Court of Appeals 11 February 2013. Cauley Pridgen, P.A., by James P. Cauley, Christopher L. Beacham, for Plaintiff-Appellee. III and Heard in

Narron & Holdford, P.A., by I. Joe Ivey; Farris & Farris, P.A., by Brian Paxton, for Defendants-Appellants. McGEE, Judge. The City of Wilson (Plaintiff), pursuant to Article 9 of Chapter 136 of the North Carolina General Statutes, filed a

complaint on 30 June 2008, to acquire by condemnation a portion of real property owned by The Batten Family, L.L.C. (Defendant)

-2in order to obtain a utility easement.1 permanent easement of right-of-way to Plaintiff sought a "construct, install,

operate, utilize, inspect, rebuild, repair, replace, remove, and maintain overhead and/or underground facilities consisting of electric, gas or other fuel products, communication, or other utilities within [the] easement area[.]" Plaintiff's easement

was located on the portion of Defendant's property that bordered Bloomery Plaintiff Road. Defendant its filed an answer on 25 June of 2009. taking

amended

complaint

and

declaration

multiple times, including filing a Second Amended Complaint on 9 July 2010, adding Branch Banking and Trust and BB&T Collateral Service Corporation, Inc. as Defendants.2 Plaintiff filed a

"Motion for Determination of All Issues Other Than Damages," pursuant to N.C. Gen. Stat.

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