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

No. 431P00.

547 S.E.2d 4 (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 this official capacities as Commissioners of Pine Knoll Shores, Defendants, 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, 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 petition filed by Defendants and Intervenors in this matter for discretionary review under G.S. 7A-31 prior to a determination by the North Carolina Court of Appeals, 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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