STATE of North Carolina ex rel. UTILITIES COMMISSION; Rufus L. Edmisten, Attorney General; Public Staff; Henry J. Truett; Swain County Board of County Commissioners; Cherokee, Graham and Jackson Counties; Towns of Andrews, Bryson City, Dillsboro, Robbinsville, and Sylva; and the Tribal Council of the Eastern Band of Cherokee Indians; Derol Crisp
v.
NANTAHALA POWER AND LIGHT COMPANY; Aluminum Company of America; and Tapoco, Inc.
Supreme Court of North Carolina.https://leagle.com/images/logo.png
August 13, 1985.
August 13, 1985.
Attorney(s) appearing for the Case
Rufus L. Edmisten, Atty. Gen. by Richard L. Griffin, Asst. Atty. Gen., Robert Gruber, Executive Director, The Public Staff by James D. Little, Staff Atty., Raleigh, for the Using and Consuming Public.
Joseph A. Pachnowski, Bryson City, for the County of Swain and the Town of Bryson City.
Crisp, Davis, Schwentker & Page by William T. Crisp and Robert B. Schwentker, Raleigh, for Henry J. Truett, Counties of Cherokee, Graham, Swain, Jackson, Towns of Andrews, Dillsboro, Robbinsville, Bryson City, Sylva, and the Tribal Council of the Eastern Band of the Cherokee Indians.
Western North Carolina Legal Services, Indian Law Unit by Larry Nestler, Sylva, for Derol Crisp.
Hunton & Williams by Edward S. Finley, Jr., Raleigh, for Nantahala Power and Light Co.
LeBoeuf, Lamb, Leiby & MacRae by Ronald D. Jones and David R. Poe, Raleigh, for Aluminum Co. of America and Tapoco, Inc.
Supreme Court of North Carolina.
MARTIN, Justice.
A number of questions of law at issue in this case have been resolved by this Court's recent opinion in State ex rel. Utilities Commission v. Nantahala Power and Light Company,313 N.C. 614, 332 S.E.2d 397 (1985) (Nantahala Sub 29 (Remanded)). We therefore refer to that opinion for an explanation of the following holdings which apply equally to the instant case: (1) Tapoco...
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