#### DEPARTMENT OF TRANSPORTATION v. SEABOARD SYSTEM RAILROAD, INC.; UNITED STATES TRUST COMPANY OF NEW YORK, Trustee; WILLIAM M. HOWELL, Trustee; ROGER L. MAIN, Trustee; CHEMICAL BANK AND TRUST COMPANY OF NEW YORK, Trustee; L. F. SADLER, Trustee; DUNBAR CORPORATION, Optionee; CHURCH’S FRIED CHICKEN, INC., Optionee; and COUNTY OF CUMBERLAND

No. 37PA90

(Filed 7 February 1991)

On plaintiff’s petition for discretionary review of the unpublished opinion of the Court of Appeals, which affirmed an order by Brewer, J., at the 22 June 1988 Session of Superior Court, CUMBERLAND County. Heard in the Supreme Court 8 October 1990.

Lacy H. Thornburg, Attorney General, by John F. Maddrey, Assistant Attorney General, for plaintiff appellant.

Rand, Finch & Gregory, P.A., by Anthony E. Rand, and Rose, Ray, Winfrey & O’Connor, P.A., by Ronald E. Winfrey and Steven J. O’Connor, for defendants appellees.

PER CURIAM.

Discretionary review improvidently allowed.