CB & I CONST. v. TOWN OF WAKE FOREST

No. COA02-1100.

579 S.E.2d 502 (2003)

CB & I CONSTRUCTORS, INC., Plaintiff, v. TOWN OF WAKE FOREST, North Carolina; and Landmark Structures I, L.P., Defendants.

Court of Appeals of North Carolina.

May 6, 2003.


Attorney(s) appearing for the Case

Ogletree, Deakins, Nash, Smoak & Stewart, P.C., by Kimila L. Wooten, and Keith E. Coltrain, Raleigh, for plaintiff-appellee, CB & I Constructors, Inc.

Wyrick Robbins Yates & Ponton, L.L.P., by Benjamin N. Thompson, Lee M. Whitman, and Jennifer M. Miller, Raleigh, for defendant-appellee, Town of Wake Forest, North Carolina.

Lewis & Roberts, P.L.L.C., by A. Graham Shirley and James A. Roberts, III, Raleigh, for defendant-appellant, Landmark Structures I, L.P.


CALABRIA, Judge.

This appeal arises from a Wake County Superior Court order issuing preliminary and permanent injunctive relief concerning the award of the construction of an elevated water tank needed to alleviate concerns associated with the sufficiency of the current water supply in the Town of Wake Forest ("Wake Forest"). After Wake Forest selected a site for the future water tank, a subsurface investigation evaluated...

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