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STATE EX REL. UTILITIES v. BUCK ISLAND

No. COA03-198.

592 S.E.2d 244 (2004)

STATE of North Carolina ex rel. UTILITIES COMMISSION and Ocean Club Ventures, LLC, Petitioners v. BUCK ISLAND, INC., Intervenor-Respondent.

Court of Appeals of North Carolina.

February 17, 2004.

Attorney(s) appearing for the Case

Hunton & Williams, by Edward S. Finley, Jr., Raleigh, for appellee Carolina Water Service, Inc.

John S. O'Connor, Nags Head, for intervenors/appellee Monteray Shores, Inc. and Robert R. and Laurie T. DeGabrielle.

Trimpi, Nash & Harman, L.L.P., by Thomas P. Nash, IV and John G. Trimpi, Elizabeth City, for appellant Buck Island, Inc.

Nelson Mullins Riley & Scarborough, L.L.C., by James H. Jeffries IV, Charlotte, for complainant/cross appellant Ocean Club Ventures, LLC.

MARTIN, Judge.

Appellant Buck Island, Inc. ("Buck Island"), successor in interest to Ship's Watch, Inc., and Monteray Shores, Inc. ("Monteray Shores"), developers of residential and commercial developments known as Buck Island and Monteray Shores, near Corolla, North Carolina, constructed and installed a water and sewage system to jointly serve their developments. In 1988, Buck Island and Monteray Shores entered into a Utility System Operating Agreement ("USOA") with...

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