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TOWN OF GREEN LEVEL v. ALAMANCE COUNTY

No. COA06-1304.

646 S.E.2d 851 (2007)

TOWN OF GREEN LEVEL, a North Carolina Municipal Corporation, Plaintiff-Appellant, v. ALAMANCE COUNTY, a Body Politic and Corporate, Defendant-Appellee.

Court of Appeals of North Carolina.

July 17, 2007.

Attorney(s) appearing for the Case

Kennedy, Covington, Lobdell & Hickman, L.L.P., by Eric M. Braun and Ann M. Anderson, Research Triangle Park, for Plaintiff-Appellant.

Nexsen, Pruet, Adams, Kleemeier, PLLC, by David S. Pokela, Greensboro; and Alamance County Attorney David I. Smith, Graham, for Defendant-Appellee.

Asheville City Attorney Robert W. Oast, Jr., for the City of Asheville, amicus curiae.

McGEE, Judge.

The town of Green Level (Green Level) filed a complaint on 18 June 2004 seeking a declaratory judgment (1) validating an ordinance enacted by the Green Level Town Council extending Green Level's extraterritorial jurisdiction (the ETJ ordinance); and (2) invalidating Alamance County's (the County) enactment of an amendment to its Watershed Protection Ordinance (the 2004 ordinance). The ETJ ordinance and the 2004 ordinance purported to assert jurisdiction...

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