MATTER OF APPLICATION BY C & P ENTERPRISES, INC.

No. COA96-1008.

486 S.E.2d 223 (1997)

In the Matter of APPLICATION BY C & P ENTERPRISES, INC., Post Office Box 31563, Raleigh, North Carolina for a Certificate of Public Convenience and Necessity to Furnish Sewer Utility Service in Ocean Glen and Ocean Bay Villas Condominiums in Carteret County, North Carolina and for Approval of Rates OCEAN GLEN TOWNHOUSE CONDOMINIUM OWNERS ASSOCIATION PHASE I, INC., and Ocean Bay Villas Owners Association, Inc., Petitioners, v. The STATE of North Carolina ex rel the NORTH CAROLINA UTILITIES COMMISSION, Respondent.

Court of Appeals of North Carolina.

June 17, 1997.


Attorney(s) appearing for the Case

Hunton & Williams by Edward S. Finley, Jr., Raleigh, for applicant-appellant.

Kirkman & Whitford, P.A. by Neil B. Whitford, Morehead City, for Ocean Glen and Ocean Bay Villas—appellees.


GREENE, Judge.

C & P Enterprises, Inc. (C & P) appeals the order of the North Carolina Utilities Commission (Commission) denying it a certificate of public convenience and necessity (CPCN) to operate a sewage treatment plant (Plant).

The Commission made the following pertinent undisputed findings of fact: John Pittari and William Cannon formed three corporations—C & P, Ocean Glen Development Company, Inc. (Ocean Glen), and Ocean Bay Villas...

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