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BALD HEAD ISLAND v. VILLAGE OF BALD HEAD

No. COA03-1338.

599 S.E.2d 98 (2004)

BALD HEAD ISLAND UTILITIES, INC., Plaintiff, v. VILLAGE OF BALD HEAD ISLAND, Defendant.

Court of Appeals of North Carolina.

August 3, 2004.

Attorney(s) appearing for the Case

Fletcher, Ray & Satterfield, L.L.P., by George L. Fletcher and Kimberly L. Moore, Wilmington, for plaintiff-appellant.

Womble, Carlyle, Sandridge & Rice, P.L.L.C., by Christopher T. Graebe, Raleigh, for defendant-appellee.

HUDSON, Judge.

Plaintiff appeals the trial court's decision granting summary judgment to the defendant and dismissing its own summary judgment claim. Plaintiff and defendant entered into a contract to build a water line from Caswell Beach to Bald Head Island. The contract contained a first priority Option and a Right of First Refusal for the defendant, and was approved by an order of the North Carolina Utilities Commission (NCUC) on 19 February 2001. The evidence...

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