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

No. 431P00.

547 S.E.2d 3 (2001)

CAROLINA WATER SERVICE, INC. OF NORTH CAROLINA, Plaintiff, and Peter Eggimann, Intervenor, 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, Defendants, and Kenneth Benson, Alice D. Benson, Carl J. Heffelfinger, Lois A. Heffelfinger, W. Jack Millis, Josephine K. Millis, Robert F. Gallo (in his official capacity), and Dolores P. Gallo, Intervenors.

Supreme Court of North Carolina.

February 1, 2001.


Attorney(s) appearing for the Case

Nancy Bentson Essex, Raleigh, Neil B. Whitford, Morehead City, for Town of Pine Knoll Shores, et al.

Edward S. Finley, Jr., Raleigh, for Carolina Water, et al.

Carolyn A. Dubay, Raleigh, for Water Service and Peter Eggimann.

James G. Exum, Jr., Greensboro, for Carolina Water Service, et al.


ORDER

Upon consideration of the conditional petition filed by Plaintiff and Intervenor in this matter for discretionary review prior to determination pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 1st day of February...

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