Department of Transportation v. Harkey ( 1982 )

Judge WEBB

dissenting.

I dissent from the majority. I believe that under the holding of Smith Co. v. Highway Comm., 279 N.C. 328, 182 S.E. 2d 383 (1971), the defendants’ access to the street has been injured for which they are entitled to compensation. I do not believe that the fact that commercial property was involved in Smith is a distinction which should make a difference. I vote to reverse.