Supreme Court of North Carolina, 1982

Propst Construction Co. v. North Carolina Department of Transportation

Propst Construction Co. v. North Carolina Department of Transportation
Supreme Court of North Carolina · Decided November 3, 1982
307 N.C. 124; 296 S.E.2d 295; 1982 N.C. LEXIS 1604
Propst Construction Co. v. North Carolina Department of Transportation

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

PER CURIAM.

The Court of Appeals erred in remanding this case for trial by jury. Under N.C.G.S. 136-29(c), any controversy concerning a completed contract for the construction of a state highway is to be tried by a judge without a jury. Therefore, the opinion of the Court of Appeals is modified to the extent that the controversy is remanded for trial by a judge sitting as the finder of fact. Except as modified herein, the opinion of the Court of Appeals is affirmed and adopted by this Court.

Modified and affirmed.

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