NC Supreme Court Considering Takings Class Action

Here's a case, set for argument today before the North Carolina Supreme Court, asking whether a series of takings cases can be heard as a class action.

The Court of Appeals, in Beroth Oil Co. v. N.C. Dep't of Transportation, No. 10 CVS 6926 (N.C. App. May 15, 2012), held that common issues of fact and law would not predominate in takings cases based on NCDOT's designation of multiple properties for future acquisition for a road corridor (but failure to actually take the properties). The property owners argue that the common legal and factual issues predominate, because even though to prove a taking, each property owner must show how the DOT's actions impacted their property (and property is, by nature, unique), the singluar focus of each of the cases is the DOT's action, which is the same in each case.

Here are the briefs in the appeal:

• Appellants' brief

• NCDOT's brief

• Appellants' reply brief

We'll have more once the court issues a decision.