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McNEILL v. HARNETT COUNTY

No. 8811SC1198.

387 S.E.2d 206 (1990)

97 N.C. App. 41

Celia McNEILL, Charles L. McNeill, Obie L. McLean, Eunice M. Matthews, Genevieve Bryant, Ronald Bryant, Ethearl Morris, Joseph Morris, Henry Smith, Genette Smith, Esterbelle McAlister, Lois Morris, and Della Ray, Plaintiffs, v. HARNETT COUNTY; The Harnett County Board of Commissioners; Bill Shaw, Lloyd G. Stewart, Rudy Collins, Mayo Smith, and Mack Reid Hudson, in their official capacities as members of the Harnett County Board of Commissioners; the Buies Creek-Coats Water and Sewer District; and the Northeast Metropolitan Water District, Defendants.

Court of Appeals of North Carolina.

January 16, 1990.

Attorney(s) appearing for the Case

East Central Community Legal Services by Leonard G. Green, Smithfield, and Jeffrey M. Seigle, Raleigh, for plaintiffs-appellants, cross-appellees.

Woodall, Felmet & Phelps, P.A. by John M. Phelps, II, Lillington, for defendants-appellees, cross-appellants.

BECTON, Judge.

Plaintiffs seek declaratory and injunctive relief, alleging that defendants failed to comply with statutory and constitutional provisions in seeking to require plaintiffs to connect their properties to a new sewer line. Essentially, we must decide whether a county has to comply with certain provisions of N.C.Gen.Stat. ch. 153A before it may levy certain charges to finance the construction of a sewage system. We hold that such compliance is required...

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