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COASTAL PLAINS v. NEW HANOVER

No. COA03-525.

601 S.E.2d 915 (2004)

COASTAL PLAINS UTILITIES, INC., Plaintiff, v. NEW HANOVER COUNTY, New Hanover County Board of Commissioners, in their official capacities; The Town of Carolina Beach, a North Carolina Municipal Corporation; The Town of Kure Beach, a North Carolina Municipal Corporation; T.A. Loving, Inc.; and Atlantic Construction, Defendants.

Court of Appeals of North Carolina.

September 21, 2004.

Attorney(s) appearing for the Case

Hunton & Williams, by Edward S. Finley, Jr., Raleigh, for plaintiff-appellant.

Womble Carlyle Sandridge & Rice, P.L.L.C., by Mark A. Davis, Douglas W. Hanna and Matthew S. Healey, Raleigh, for defendants-appellees New Hanover County and New Hanover County Board of Commissioners.

J. Albert Clyburn, P.L.L.C., by J. Albert Clyburn, Wilmington, for defendant-appellee The Town of Carolina Beach.

Andrew A. Canoutas, Wilmington, for defendant-appellee The Town of Kure Beach.

Taylor, Penry, Rash & Riemann, PLLC, by Neil A. Riemann, Raleigh, for defendant-appellee T.A. Loving, Inc.

No brief filed on behalf of defendant-appellee Atlantic Construction.

GEER, Judge.

This appeal arises from the construction of a new water and sewer system in Carolina Beach and Kure Beach alongside existing water lines owned by plaintiff Coastal Plains Utilities, Inc. ("Coastal"). Coastal appeals from orders granting summary judgment on all claims to defendants New Hanover County and the New Hanover County Board of Commissioners ("the County"), Kure Beach, and Carolina Beach and granting partial summary judgment to defendant T.A. Loving...

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