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CAPE FEAR PUBLIC UTILITY AUTHORITY v. COSTA

No. COA09-798.

697 S.E.2d 338 (2010)

CAPE FEAR PUBLIC UTILITY AUTHORITY, Plaintiff, v. Jonathan COSTA, Defendant.

Court of Appeals of North Carolina.

July 20, 2010.

Attorney(s) appearing for the Case

Bruce Robinson, Wilmington, for defendant-appellant.

Ward and Smith, P.A., New Bern, by Cheryl A. Marteney, for plaintiff-appellee.

STROUD, Judge.

I. Factual Background and Procedural History

Defendant Jonathan B. Costa ("Costa") is the owner of certain property in New Hanover County which is designated as "Tract 3" in the deed from James Henry Hobbs, Jr. and Evelyn Hobbs to Costa and his wife, Jessica A. Costa. The Recorded Plat (as shown by the map marked as Plaintiff's Exhibit 1; hereinafter referred to as "the Easement Map") shows a 30-foot wide sewer easement and a 30-foot wide...

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