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CAROLINA WATER SERVICE, INC. v. TOWN OF ATLANTIC BEACH

No. COA94-829.

464 S.E.2d 317 (1995)

CAROLINA WATER SERVICE, INC. OF NORTH CAROLINA, Appellant, v. The TOWN OF ATLANTIC BEACH, a North Carolina Municipal Corp.; The Council of the Town of Atlantic Beach, North Carolina, including all members of the Council of the Town of Atlantic Beach in their official capacities; Clay Dulaney, in his capacity as Utility Director of the Town of Atlantic Beach; and Rodman Lancaster, in his capacity as Mayor of the Town of Atlantic Beach, Appellees.

Court of Appeals of North Carolina.

December 5, 1995.

Attorney(s) appearing for the Case

Hunton & Williams by Edward S. Finley, Jr., and James L. Hunt, Raleigh, for plaintiff-appellant.

Ward and Smith, P.A. by Kenneth R. Wooten and Cheryl A. Marteney, New Bern; Bryant & Stanley by Richard L. Stanley, Beaufont, for defendants-appellees.

JOHN C. MARTIN, Judge.

Plaintiff Carolina Water Service, Inc., of North Carolina is a public utility company authorized by the North Carolina Utilities Commission to furnish water service in portions of Carteret County, North Carolina. The areas served by plaintiff include areas located within the town limits of the Town of Atlantic Beach which had been annexed by the Town in 1987 and 1988. On 18 November 1992, plaintiff brought this civil action seeking injunctive...

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