City of Wilson Redevel'Mt Com'n v. Boykin

667 S.E.2d 282, 193 N.C. App. 20, 2008 N.C. App. LEXIS 1755
Court of Appeals of North Carolina·Decided October 7, 2008·No. No. COA08-268.·Published·Cited by 1 cases

Opinion

ARROWOOD, Judge.

Plaintiff, the City of Wilson Redevelopment Commission for Wilson, North Carolina, appeals from orders entered in connection with a condemnation action filed against Defendant-Appellees. We affirm.

The procedural history of this case is summarized in pertinent part as follows: In 1916 Eliza Boykin was granted a property located at 204 S. Vick Street in Wilson, North Carolina (the subject property). Upon her death, it passed to her children Joseph Faison and Defendant Lila Ruth Boykin. In 1965 Joseph Faison and his wife deeded their undivided half interest in the subject property to Fannie Faison Chester. At Fannie Faison Chester's death, her half interest passed to her three surviving children, Arthur Lee Chester, William Chester, and Joseph Chester, Sr. In 1989 Arthur Chester deeded his interest in the subject property to Jannis Bynum. At the deaths of William Chester and Joseph Chester, Sr., their heirs succeeded to their ownership interests in the property. In 1987 Lila Ruth Boykin executed a power of attorney to Joseph Chester, Jr. At the time of trial, Lila Ruth Boykin possessed a one half undivided interest in the subject property, and the other half interest was divided among the heirs of Fannie Faison Chester and her children, Joseph Chester, Sr., and William Chester.

On 25 April 2005 Plaintiff filed a condemnation complaint, declaration of taking, and notice of action. Plaintiff condemned the subject property as part of an urban redevelopment project, whose aims included the promotion of "public health and welfare" and "the elimination of certain blighted areas in the City of Wilson[.]" The complaint was filed against the following Defendants: Lila Ruth Boykin; Unknown Heirs of Fannie Chester; Joseph Chester, Jr., and wife, Anne Chester (the Chester Defendants); Jannis Bynum; and the U.S. Department of Housing and Urban Development (HUD) (collectively, with later-identified heirs to the subject property, Defendants). Plaintiff estimated $36,260 to be just compensation for the condemnation, and deposited that amount with the Wilson County Superior Court. In an amended complaint filed in July 2005, Plaintiff listed liens on the subject property.

On 25 August 2005 Defendant Bynum filed an answer disputing Plaintiff's estimate of just compensation for the subject property, and filed a crossclaim asserting sole ownership of the subject property by adverse possession and by virtue of the deed from Arthur Chester. HUD answered, claiming a lien on the subject property. In October 2005 an attorney was appointed to represent the interests of unknown heirs of Fannie Faison Chester. In October 2005, the Chester Defendants filed an answer disputing the estimated amount of just compensation. They also answered Bynum's crossclaim, denying her claim of sole ownership and setting out details of the family's history. In August *2852005 Bynum filed a motion for disbursement of the deposit money. Plaintiff responded and alleged that "there may be question as to ownership of the subject property." The Chester Defendants opposed Bynum's motion.

On 9 May 2006 Plaintiff filed a motion for determination of issues other than just compensation, specifically asking the trial court to resolve the Defendants' "unsettled contentions" as to their respective ownership rights in the subject property. Following a pretrial hearing conducted 11 June 2007, the court denied Plaintiff's motion, and ruled that it would instead conduct a jury trial on the issue of the amount of just compensation, without regard to how the various Defendants might later agree to divide that amount.

On 11 June 2007 Defendant Lila Ruth Boykin filed an answer, joining in and incorporating by reference all pleadings filed by the Chester Defendants. She asserted that Joseph Chester, Jr. held a power of attorney and was her attorney in fact. The same day Plaintiff sought entry of default against Lila Ruth Boykin, and the Wilson County Clerk of Court entered default against Ms. Boykin.

A jury trial was conducted beginning 12 June 2007 to determine the amount of just compensation for condemnation of the subject property. At trial, Plaintiff presented the testimony of Leigh Ann Braswell, Plaintiff's Community Development Administrator. Braswell testified that the purpose of condemnation of the subject property and properties in the same area was "to remove the blighting conditions in the area." She described the neighborhood as one with "very substandard conditions" having "very high crime rates[.]" She considered the subject property to be "blighted and substandard." Plaintiff also presented testimony from Edward Robinson, a real estate appraiser. Robinson testified that he had appraised the fair market value of the subject property at $45,000, and its replacement value at $120,000.

Defendants offered trial testimony from Janiss Bynum. She testified that she had lived on the subject property for seven years, and had undertaken significant renovation, remodeling, and maintenance of the house. Bynum obtained her interest in the property from Arthur Chester, a relative of her father's. Her father and Joseph Chester, Jr., were brothers. Bynum estimated that she spent $30,000 on various repairs, and that the fair market value of the subject property was $85,000.

Defendants also called Leigh Braswell as a witness. She testified that Plaintiff intended to tear down the subject property and replace it with a "green space" as part of a redevelopment project aimed at "acquiring blighted and substandard parcels[.]" She testified Plaintiff had paid $250,000 for an apartment building located in the same redevelopment area.

Joseph Chester, Jr., testified that he was born in 1938 and that the subject property had been in his family for many years. It was passed from his great-grandmother, Eliza Boykin, to his grandmother, Fannie Faison Chester. His father and uncles were born in the house, and Joseph Chester, Jr., had visited the house from the 1940's to the present. He illustrated his testimony with a photograph taken in 1900, depicting Fannie Faison Chester standing in front of the house. Joseph Chester offered other testimony detailing his family tree as pertinent to the subject property. Janiss Bynum was his cousin. He testified that in his opinion the fair market value of the property was $150,000.

Following the presentation of evidence, the jury returned a verdict on 13 June 2007, finding just compensation to be $170,000. On 22 June 2007 Plaintiff filed a motion for a new trial under N.C. Gen.Stat. § 1A-1, Rule 59. Plaintiff asserted that it was entitled to a new trial, on the grounds that the trial court failed to determine the specific ownership interest of all heirs and defendants before trial. Plaintiff also alleged that the verdict was excessive and was the result of prejudicial and improperly admitted evidence.

In November 2006 Plaintiff obtained an entry of default against the siblings of Joseph Chester, Jr., and their spouses; and against Zelda Chester, Arthur Chester's widow.

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City of Wilson Redevel'Mt Com'n v. Boykin, 667 S.E.2d 282, 193 N.C. App. 20, 2008 N.C. App. LEXIS 1755 (N.C. Ct. App. 2008).

667 S.E.2d 282 (City of Wilson Redevel'Mt Com'n v. Boykin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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CITY OF WILSON REDEVEL'MT COM'N v. Boykin
667 S.E.2d 282 (Court of Appeals of North Carolina, 2008)