Great Smoky Mountains R.R. v. Mach 2 Invs. — Third Parties Cannot Attack a Railroad’s Deed from NCDOT, Even If State Conveyance Procedures Were Not Followed
The North Carolina Court of Appeals reversed a Rule 12(b)(6) dismissal in a railroad trespass and quiet-title action, holding that Mach 2 Investments and adjoining property owners lacked standing under the jus tertii doctrine to challenge Great Smoky Mountains Railroad’s 1996 deed from NCDOT. Even if the conveyance did not strictly follow state-lands procedures, only the State can mount that challenge—and any defect would render the deed merely voidable, not void. On remand, the trial court must address necessary parties and examine the scope of a historic “farm crossing” easement whose claimed use Mach 2 may have overburdened through subdivision.