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CITY OF ASHEVILLE v. STATE

No. COA14-1255.

777 S.E.2d 92 (2015)

CITY OF ASHEVILLE, a municipal corporation, Plaintiff, v. STATE of North Carolina and the Metropolitan Sewerage District of Buncombe County, North Carolina, Defendants.

Court of Appeals of North Carolina.

October 6, 2015.

Attorney(s) appearing for the Case

Parker, Poe, Adams & Bernstein LLP, by Daniel G. Clodfelter , City Attorney for the City of Asheville, by Robin T. Currin and Robert W. Oast, Jr. , Long, Parker, Warren, Anderson & Payne, P.A., Asheville, by Robert B. Long, Jr. , and Moore & Van Allen PLLC, Charlotte, by T. Randolph Perkins , for the Plaintiff-Appellee.

Attorney General, Roy A. Cooper, III , by Special Deputy Attorney General, I. Faison Hicks , for the Defendant-Appellant.

Cauley Pridgen, P.A., by Wilson, by James P. Cauley, III , and Gabriel Du Sablon , for Amicus Curiae, the City of Wilson.

Kimberly S. Hibbard and Gregory F. Schwitzgebel, III , for Amicus Curiae, the North Carolina League of Municipalities.

The City of Asheville ("Asheville") commenced this action against the State of North Carolina, challenging the constitutionality of certain legislation enacted by our General Assembly in 2013. A provision in this legislation requires Asheville to cede ownership and control of its public water system to

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