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SOUTHERN POWER CO. v. CLEVELAND COUNTY

No. 21-1449.

24 F.4th 258 (2022)

SOUTHERN POWER COMPANY, Plaintiff-Appellant, v. CLEVELAND COUNTY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 14, 2022.

Attorney(s) appearing for the Case

ARGUED: Christopher G. Smith , SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, LLP, Raleigh, North Carolina, for Appellant. Grant B. Osborne , WARD & SMITH, PA, Asheville, North Carolina, for Appellee. ON BRIEF: Michael J. Parrish , Christopher S. Edwards , WARD & SMITH, PA, Asheville, North Carolina; Timothy K. Moore , TIM MOORE , ATTORNEY AT LAW, P.A., Kings Mountain, North Carolina; Martha R. Thompson , OFFICE OF THE COUNTY ATTORNEY, Shelby, North Carolina, for Appellee.

Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Wilkinson and Judge Harris joined.

A power company brought this action seeking a declaration that its agreement with a North Carolina county constituted an enforceable contract. Because the county never waived its governmental immunity from suit, we must affirm the judgment of the district court holding that the county enjoys immunity from the company...

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