654 S.E.2d 832 (2008)
DEPARTMENT OF TRANSP.
No. COA07-381.
DEPARTMENT OF TRANSP.
v.
JAMESTOWN VILLAGE ASSOCIATES, LLC.
No. COA07-381.
Court of Appeals of North Carolina.
Filed January 15, 2008. Certification Date February 4, 2008.Case reported without published opinion. Dismissed and remanded.