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CITY OF ASHEVILLE v. STATE

No. COA07-516.

665 S.E.2d 103 (2008)

CITY OF ASHEVILLE, a municipal corporation, Plaintiff, v. Wake County STATE of North Carolina, and County of Buncombe, et al., Defendants.

Court of Appeals of North Carolina.

August 19, 2008.

Attorney(s) appearing for the Case

Robert W. Oast, Jr., City Attorney for the City of Asheville, and Moore & Van Allen, PLLC, by Daniel G. Clodfelter, Mark A. Nebrig, T. Randolph Perkins, and Jeffrey M. Young, Morrisville, for plaintiff-appellant.

Roy Cooper, Attorney General, by Mark A. Davis, Special Deputy Attorney General, and W. Dale Talbert, Special Deputy Attorney General, for defendant-appellee State of North Carolina.

Long, Parker, Warren & Jones, P.A., by W. Scott Jones, and Robert B. Long, Jr., Asheville, for defendants-appellees Buncombe defendants.

Andrew L. Romanet, Jr., General Counsel, and Gregory F. Schwitzgebel, III, Senior Assistant General Counsel, for North Carolina League of Municipalities, amicus curiae.

MARTIN, Chief Judge.

Plaintiff City of Asheville ("Asheville") appeals from the trial court's 2 February 2007 order denying its motion for summary judgment, granting cross-motions for summary judgment by the State of North Carolina and the County of Buncombe with several affiliated officials and individuals (with the State of North Carolina, collectively "defendants"), and dismissing the action.

According to the parties' Amended Complaint and Answers, Asheville...

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