{
  "id": 8555924,
  "name": "THE GASTONIA REDEVELOPMENT COMMISSION v. COXCO, INC., J. T. SANDERS, Trustee, and FIRST FEDERAL SAVINGS & LOAN ASSOCIATION",
  "name_abbreviation": "Gastonia Redevelopment Commission v. Coxco, Inc.",
  "decision_date": "1974-04-17",
  "docket_number": "No. 7427SC227",
  "first_page": "335",
  "last_page": "337",
  "citations": [
    {
      "type": "official",
      "cite": "21 N.C. App. 335"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "20 N.C. App. 241",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8551397
      ],
      "opinion_index": -1,
      "case_paths": [
        "/nc-app/20/0241-01"
      ]
    },
    {
      "cite": "201 S.E. 2d 236",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "20 N.C. App. 241",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8551397
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/20/0241-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 3280,
    "ocr_confidence": 0.609,
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    "sha256": "33533cb8fedc628379e82a055fbe7151a6bd46963caf0f9967ba895f3d6474b9",
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  "last_updated": "2023-07-14T21:32:29.924632+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge Brock and Judge Parker concur."
    ],
    "parties": [
      "THE GASTONIA REDEVELOPMENT COMMISSION v. COXCO, INC., J. T. SANDERS, Trustee, and FIRST FEDERAL SAVINGS & LOAN ASSOCIATION"
    ],
    "opinions": [
      {
        "text": "BALEY, Judge.\nThe award of attorney fee in this case was prior to the decision in Redevelopment Comm. v. Ryder, 20 N.C. App. 241, 201 S.E. 2d 236, filed December 19, 1973, which interprets the identical statute here involved.\nOn this record the award of attorney fee is reversed, and the cause is remanded for the allowance of a reasonable attorney fee based upon the considerations outlined in Redevelopment Comm. v. Ryder.\nReversed and remanded.\nChief Judge Brock and Judge Parker concur.",
        "type": "majority",
        "author": "BALEY, Judge."
      }
    ],
    "attorneys": [
      "Charles D. Gray III, for petitioner appellant.",
      "Hollowell, Stott & Hollowell and Henry M. Whitesides, by Grady B. Stott, for respondent appellees."
    ],
    "corrections": "",
    "head_matter": "THE GASTONIA REDEVELOPMENT COMMISSION v. COXCO, INC., J. T. SANDERS, Trustee, and FIRST FEDERAL SAVINGS & LOAN ASSOCIATION\nNo. 7427SC227\n(Filed 17 April 1974)\nAttorney and Client \u00a7 7; Costs \u00a7 4\u2014 condemnation proceeding \u2014 reasonable attorney fee \u2014 factors\nIn this condemnation proceeding instituted by Redevelopment Commission the award of attorney fee is reversed, and the cause is remanded for the allowance of a reasonable attorney fee based on the considerations outlined in Redevelopment Commission v. Hyder, 20 N.C. App. 241.\nAppeal by petitioner from Friday, Judge, 8 October 1973 Session of Superior Court held in Gaston County.\nThis appeal is from an award of an attorney fee in a condemnation proceeding brought by petitioner, the Gastonia Redevelopment Commission, under the Urban Redevelopment Law, Article 22 of Chapter 160A of the General Statutes of North Carolina.\nThe facts were stipulated for the purpose of this appeal. In substance these facts disclose that commissioners appointed by the clerk of court of Gaston County assessed the damage to respondents for the taking of their property at $55,500.00. The report of the commissioners was confirmed by the clerk, and petitioner-Redevelopment Commission appealed to the superior court for trial upon the issue of damages.\nThe stipulation provided:\n\u201c10. The Appellee Respondents\u2019 attorney, Grady B. Stott, associated Henry M. Whitesides, Esquire, for purposes of the trial. Additional appraisal witnesses were retained by the Appellee Respondent and Messrs. Stott and Whitesides met with the witnesses' and property owner approximately three times prior to trial for preparation and settlement purposes. Mr. Whitesides participated in all aspects of the trial.\n\u201c11. That the trial of the case on the issue of damages began at 9:30 a.m. October 10, 1973, and continued until 4:00 p.m., October 11, 1973. The jury deliberated until 5:00 p.m., October 11, 1973 and from 9:30 a.m., until 10:30 a.m. on October 12, 1973, when they returned the verdict.\u201d\nThe verdict of the jury granted respondents the sum of $40,125.00 as damages.\nJudgment was entered upon the verdict awarding the respondents the sum of $40,125.00, plus interest, and directing\u2019\u2019 respondents to refund the difference between the amount awarded and the $55,500.00 previously deposited by petitioner and disbursed upon court order to the respondents. The judgment also provided:\n\u201c3. That the Petitioner pay to the Respondents\u2019 attorney, Grady B. Stott for reasonable attorney\u2019s fees, the amount of $8,500.00.\u201d\nFrom that portion of the judgment relating to the attorney fee, petitioner has appealed to this Court.\nCharles D. Gray III, for petitioner appellant.\nHollowell, Stott & Hollowell and Henry M. Whitesides, by Grady B. Stott, for respondent appellees."
  },
  "file_name": "0335-01",
  "first_page_order": 363,
  "last_page_order": 365
}
