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DAVIDSON COUNTY v. CITY OF HIGH POINT

No. 228PA87.

362 S.E.2d 553 (1987)

321 N.C. 252

DAVIDSON COUNTY v. CITY OF HIGH POINT.

Supreme Court of North Carolina.

December 2, 1987.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice by Roddey M. Ligon, Jr., Gusti W. Frankel, Winston-Salem and Garry W. Frank, Davidson Co. Atty., Lexington, for plaintiff-appellant.

Poyner & Spruill by J. Phil Carlton, Susan K. Nichols, and Susanne F. Hayes, Raleigh and Bryant T. Aldridge, Jr., City Atty., High Point, for defendant-appellee.

North Carolina League of Municipalities by S. Ellis Hankins, Associate Gen. Counsel, Raleigh, amicus curiae.

MEYER, Justice.

In this case we deal with the jurisdictional conflict between the statutory power cities possess to provide services through public enterprises and the statutory power counties possess to regulate the use of land within their boundaries through zoning ordinances. The issue to be resolved is whether a city-owned sewage treatment plant located outside the city but within the county, which is upgraded pursuant to the county's special use permit, may be...

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