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STATE EX REL. UTILITIES COMMISSION v. TOWN OF KILL DEVIL HILLS

No. COA08-42.

670 S.E.2d 341 (2009)

STATE of North Carolina ex rel. UTILITIES COMMISSION, Virginia Electric and Power Company d/b/a Dominion North Carolina Power, Complainants-Appellees Public Staff-North Carolina Utilities Commission, Intervenor-Appellees v. TOWN OF KILL DEVIL HILLS, Intervenor-Appellant.

Court of Appeals of North Carolina.

January 6, 2009.

Attorney(s) appearing for the Case

McGuire Woods, LLP, by E. Duncan Getchell, Jr., Stephen H. Watts, II, Robert L. Hodges, and Kristian Mark Dahl, Richmond; Law Office of Robert W. Kaylor, P.A., by Robert W. Kaylor, Raleigh; Dominion Resources Services, Inc. by Vishwa B. Link, Richmond, and Pamela Johnson Walker, for complainant-appellee Virginia Electric and Power Company d/b/a Dominion North Carolina Power.

Chief Counsel Antoinette R. Wike and Staff Attorney Robert S. Gillam, for intervenor-appellee Public Staff-North Carolina Utilities Commission.

Williams Mullen Maupin Taylor, by M. Keith Kapp, Kevin W. Benedict, and Jennifer A. Morgan, Raleigh; Sharp, Michael, Graham and Evans, LLP, by Steven D. Michael, Kitty Hawk, for intervenor-appellant Town of Kill Devil Hills.

HUNTER, Judge.

The Town of Kill Devil Hills ("the Town" or "Kill Devil Hills") appeals from an order by the North Carolina Utilities Commission ("the Commission") which preempted the Town's zoning ordinances and directed Dominion North Carolina Power ("Dominion") to site an overhead transmission line through Kill Devil Hills. After careful review, we affirm the ruling of the Commission.

Kill Devil Hills is a municipality on the Outer Banks of North Carolina...

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