{
  "id": 11301421,
  "name": "BOARD OF TRANSPORTATION (formeriy State Highway Commission) v. ARTHUR HARRISON",
  "name_abbreviation": "Board of Transportation v. Harrison",
  "decision_date": "1974-06-19",
  "docket_number": "No. 741SC323",
  "first_page": "193",
  "last_page": "194",
  "citations": [
    {
      "type": "official",
      "cite": "22 N.C. App. 193"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 165,
    "char_count": 1932,
    "ocr_confidence": 0.573,
    "sha256": "c4d856a36533d67fee529ed91f63ec971ac7a7c16129deec8f7381a17828c106",
    "simhash": "1:3d9a50d4124d9ef9",
    "word_count": 299
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  "last_updated": "2023-07-14T16:09:41.671000+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Parker and Baley concur."
    ],
    "parties": [
      "BOARD OF TRANSPORTATION (formeriy State Highway Commission) v. ARTHUR HARRISON"
    ],
    "opinions": [
      {
        "text": "BROCK, Chief Judge.\nIt seems significantly strange that plaintiff would seek to dismiss its own lawsuit. Such a Rule 12(b) (6) motion becomes even more of an oddity when joined with the plaintiff\u2019s motion for summary judgment in its favor.\nIn any event, after reviewing the record before us, we conclude that our writ of certiorari was improvidently issued. This cause is remanded to the Superior Court in Currituck County for such further proceedings as may he deemed appropriate.\nRemanded.\nJudges Parker and Baley concur.",
        "type": "majority",
        "author": "BROCK, Chief Judge."
      }
    ],
    "attorneys": [
      "Attorney General Morgan, by Assistant Attorney General Magner, for the State.",
      "Twiford, Abbott & Seawell, by John G. Trimpi, for the defendant."
    ],
    "corrections": "",
    "head_matter": "BOARD OF TRANSPORTATION (formeriy State Highway Commission) v. ARTHUR HARRISON\nNo. 741SC323\n(Filed 19 June 1974)\nAppeal and Error \u00a7 63\u2014 certiorari improvidently issued \u2014 cause remanded\nCause is remanded to Superior Court for further proceedings where writ of certiorari was improvidently entered upon denial of plaintiff\u2019s motions for dismissal and summary judgment.\nOn writ of certiorari to review an Order entered by Martin (Perry), Judge, 26 November 1973 Session of Superior Court held in Currituck County.\nPlaintiff instituted this action seeking to enjoin defendant from barricading a roadway across defendant\u2019s property. Plaintiff alleges the roadway has been dedicated to public use and maintained as a secondary public road by plaintiff. Defendant denied all material allegations of the complaint.\nPlaintiff obtained a preliminary injunction preventing defendant from interfering with the use of the said roadway by plaintiff and the general public.\nPlaintiff then filed a motion to dismiss the action under Rule 12(b) (6) (failure to state a claim upon which relief can be granted), and further moved under Rule 56 for summary judgment for plaintiff.\nJudge Martin denied both motions and upon plaintiff\u2019s petition, this Court issued a writ of certiorari.\nAttorney General Morgan, by Assistant Attorney General Magner, for the State.\nTwiford, Abbott & Seawell, by John G. Trimpi, for the defendant."
  },
  "file_name": "0193-01",
  "first_page_order": 225,
  "last_page_order": 226
}