WONDER DAY PARTNERSHIP v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION NORTH CAROLINA TURNPIKE AUTHORITY (2024)

Court of Appeals of North Carolina.

WONDER DAY PARTNERSHIP, a North Carolina General Partnership, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION and NORTH CAROLINA TURNPIKE AUTHORITY, Defendants.

No. COA23-1141

Decided: July 16, 2024

Cranfill Sumner LLP, by George B. Autry, Jr., Stephanie H. Autry, and Jeremy P. Hopkins, for the plaintiff-appellee. Attorney General Joshua H. Stein, by Assistant Attorney General, Jeanne Washburn, for the defendants-appellants. Smith Anderson Blount Dorsett Mitchell & Jernigan, LLP, by William H. Moss, and The Banks Law Firm, P.A., by Howard B. Rhodes, for the defendants-appellants.

This appeal was consolidated by order for hearing with Mata v. N.C. Dep't of Transp., COA23-1140. Both cases arise from similar actual issues and raise identical legal issues.

For the reasons stated in this Court's published opinion in Mata v. N.C. Dep't of Transp., COA23-1140, the order is affirmed in part, reversed in part, and remanded for further proceedings consistent with that opinion. It is so ordered.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

Report per Rule 30(e).

I concur in part and dissent in part for the reasons stated in my partial dissent in Mata, COA23-1140.

TYSON, Judge.

Judge CARPENTER concurs. Judge MURPHY concurs in part and dissents in part by separate opinion.

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