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TOMMY DAVIS CONST., INC. v. CAPE FEAR PUB. UTIL. AUTH.

Nos. 14-1778, 14-2132.

807 F.3d 62 (2015)

TOMMY DAVIS CONSTRUCTION, INC., Plaintiff-Appellee, v. CAPE FEAR PUBLIC UTILITY AUTHORITY; New Hanover County, Defendants-Appellants. Tommy Davis Construction, Inc., Plaintiff-Appellee, v. Cape Fear Public Utility Authority; New Hanover County, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: December 1, 2015.

Attorney(s) appearing for the Case

ARGUED: Jeremy M. Wilson , Ward and Smith, P.A., Wilmington, North Carolina, for Appellants. Bradley Andrew Coxe , Hodges & Coxe, P.C., Wilmington, North Carolina, for Appellee. ON BRIEF: Ryal W. Tayloe , Ward and Smith, P.A., Wilmington, North Carolina, for Appellants.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge GREGORY and Judge THACKER joined.

The main question presented in these appeals is whether New Hanover County, North Carolina, acted ultra vires in collecting fees on behalf of the New Hanover County Water and Sewer District from a subdivision developer, Tommy Davis Construction, Inc., for water and sewer services that the Water and Sewer District...

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