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BALD HEAD v. VILLAGE OF BALD HEAD

No. COA04-1209.

624 S.E.2d 406 (2006)

BALD HEAD ISLAND, LTD., The Cutting Edge Maintenance, Inc., Project Works, Inc., Southport Electrical Service, Inc., The Carolina Companies, Inc., Richard Hewett Electric, Inc., Coastal Carolina Landscape, Inc., And Ivan Diaz, Plaintiffs, v. VILLAGE OF BALD HEAD ISLAND, Defendant.

Court of Appeals of North Carolina.

January 17, 2006.

Attorney(s) appearing for the Case

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

Womble, Carlyle, Sandridge & Rice, P.L.L.C., by Douglas W. Hanna, Sean E. Andrussier, and Melody C. Ray-Welborn, Raleigh, for defendant-appellee.

HUDSON, Judge.

In 2002, plaintiffs filed this lawsuit against the Village of Bald Head Island (the Village), challenging the legality of the Village's permit fee schedule for the use of internal combustion engine (ICE) vehicles on the island. On 12 December 2003, the court dismissed the plaintiffs' commerce clause claim pursuant to the Village's Rule 12(c) motion to dismiss. In April 2004, the court granted summary judgment...

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