On November 6, 2015 the Kirby et al property owners’ condemnation attorneys, Hendrick Bryant Nerhood Sanders & Otis LLP, filed the appellee brief. This brief and case is in the inverse condemnation appeal concerning the Northern Beltway in Forsyth County and the N.C. Map Act Corridors. The NCDOT has already filed its brief as appellant. The NCDOT is appealing the decision in the North Carolina Court of Appeals. The N.C. Court of Appeals 3 judge panel ruled unanimously that the Map Act cause an inverse condemnation of property owners in the Northern Beltway in Winston-Salem.
Amicus briefs are being filed in support of property owners by the North Carolina Advocates of Justice, Pacific Legal Group, North Carolina Justice Center and John Locke Foundation. The fact that groups with positions across a broad spectrum have all united to support the property owners is its own statement as to the highly questionable constitutionality of the Map Act.
The main issue boils down to this: are the acts by the NCDOT, by using the Map Act corridors, rising to the level of a taking (just compensation/inverse condemnation) or is it an acceptable police power for general welfare (thus only has the ends-means test to pass)?