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TOWN OF PINE KNOLL SHORES v. CAROLINA WATER SERVICE, INC.

No. COA97-138.

494 S.E.2d 618 (1998)

TOWN OF PINE KNOLL SHORES, Robert F. Gallo, David E. Hasulak, Mary I. Kanyha, C. Reese Musgrave, Evan C. Roderick, and Richard H. Schultz, Appellees, v. CAROLINA WATER SERVICE, INC. OF NORTH CAROLINA, Appellant.

Court of Appeals of North Carolina.

January 6, 1998.

Attorney(s) appearing for the Case

Hunton & Williams by Edward S. Finley, Jr., Raleigh, and Smith, Helms, Mulliss & Moore by James G. Exum, Jr., Greensboro, for defendant-appellant.

Kirkman & Whitford by Kenneth M. Kirkman, Morehead City, for plaintiffs-appellees.

Carolinas Chapter of the National Association of Water Companies (Amicus Curiae) by William E. Grantmyre, Cary.

WYNN, Judge.

An actual controversy between the parties must exist at the time the complaint is filed in order for the court to have jurisdiction to render a declaratory judgment. Sharpe v. Park Newspapers of Lumberton, 317 N.C. 579, 584-85, 347 S.E.2d 25, 29 (1986). Because there is no actual controversy involved in this case, we vacate the judgment of the trial court.

On 20 September 1995, the Town of Pine Knoll...

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