MCLENDON HILLS EQUESTRIAN CENTER LLC v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (2022)

Court of Appeals of North Carolina.

MCLENDON HILLS EQUESTRIAN CENTER, LLC, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Defendant.

No. COA22-322

Decided: December 20, 2022

The Justice Firm, LLC, by Keenya T. Justice, for Plaintiff-Appellant. Attorney General Joshua H. Stein, by Assistant Attorney General Kelly A. Moore, for Defendant-Appellee.

¶ 1 This case is identical to Equestrian Lakes, LLC v. North Carolina Department of Transportation, 2022-NCCOA-321, except this case involves a different parcel of land for which Plaintiff seeks damages for Defendant's alleged interference with the land. The trial court heard both cases simultaneously, and dismissed both with prejudice.

¶ 2 For the reasons stated in Equestrian Lakes, we affirm the trial court's order. The Deed for Highway Right of Way attached to Plaintiff's complaint as Exhibit C was an affirmative bar to Plaintiff's recovery because the complaint quoted a release identical to that in Equestrian Lakes and Defendant compensated Plaintiff. Accordingly, the trial court properly dismissed Plaintiff's complaint.

AFFIRMED.

Report per Rule 30(e).

JACKSON, Judge.

Chief Judge STROUD and Judge HAMPSON concur.

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