Court of Appeals of North Carolina July 15, 2003, COA02-1038 (Tucker v. City of Kannapolis)

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GEER, Judge.

Defendant City of Kannapolis sought to condemn the property of plaintiffs Robert and Carolyn Tucker in order to acquire an easement for expansion of the City’s sewer system. The Tuckers filed a declaratory judgment action asking the trial court to declare that the City had no authority to condemn their property. Plaintiffs appeal from the trial court’s order in favor of the City.