CAROLINA WATER SERV. v. TOWN OF PINE KNOLL

No. COA00-1001.

551 S.E.2d 558 (2001)

CAROLINA WATER SERVICE, INC. OF NORTH CAROLINA, Plaintiff-Appellant, and Peter Eggimann, Intervenor-Appellant, v. The TOWN OF PINE KNOLL SHORES, a North Carolina Municipal Corporation, C. Reese Musgrave, in his official capacity as Mayor of Pine Knoll Shores; Robert F. Gallo, in his official capacity as Commissioner of Finance and Administration for Pine Knoll Shores, and Mary I. Kanyha, Emily White, Wade Lamson, and Ted Gotzinger, in their official capacities as Commissioners of Pine Knoll Shores, Defendant-Appellees, and Kenneth V. Benson, Alice D. Benson, Carl J. Heffelfinger, Lois A. Heffelfinger, W. Jack Millis, Josephine K. Millis, Robert F. Gallo (in his individual capacity), and Dolores P. Gallo, Intervenor-Appellees.

Court of Appeals of North Carolina.

August 21, 2001.


Attorney(s) appearing for the Case

Hunton and Williams, by Edward S. Finley, Jr., and Smith, Helms, Mulliss, and Moore, L.L.P., by James G. Exum, Jr., Raleigh, for plaintiff-appellant and intervenor-appellant.

Poyner and Spruill, L.L.P., by Nancy Bentson Essex, and Kirkman, Whitford, and Brady, P.A., by Neil B. Whitford, Raleigh, for defendant-appellees and intervenor-appellees.

Andrew L. Romanet, Jr. and John M. Phelps, II, for North Carolina League of Municipalities, amicus curiae. William E. Grantmyre, Raleigh, for Carolinas Chapter of the National Association of Water Companies, amicus curiae.


HUDSON, Judge.

Carolina Water Service filed this suit seeking to enjoin the Town of Pine Knoll Shores from establishing a municipal water system and to enforce exclusive water service provisions in its favor. The trial court declared unenforceable the exclusive water service provisions in favor of Carolina Water, denied an injunction against the Town, and permanently enjoined Carolina Water from using the provisions to interfere with the Town's right to build its...

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