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L & S WATER v. PIEDMONT WATER AUTHORITY

No. COA10-1063.

712 S.E.2d 146 (2011)

L & S WATER POWER, INC., Brooks Energy, L.L.C., Deep River Hydro, Inc., Hydrodyne Industries LLC, William Dean Brooks, and Howard Bruce Cox, Plaintiffs, v. PIEDMONT TRIAD REGIONAL WATER AUTHORITY, Defendant.

Court of Appeals of North Carolina.

April 19, 2011.

Attorney(s) appearing for the Case

Boydoh Law Group, by J. Scott Hale , Greensboro, for plaintiff appellees.

Roberson Haworth & Reese, P.L.L.C., by Robert A. Brinson and Christopher C. Finan , High Point; and Hunton & Williams, LLP, by Charles D. Case , Raleigh, for defendant appellant.

North Carolina League of Municipalities General Counsel Kimberly S. Hibbard , Senior Assistant General Counsel Gregory F. Schwitzgebel, III , and City of Raleigh Associate City Attorney Daniel F. McLawhorn , Amicus Curiae.

Water and Sewer Authority of Cabarrus County, by Hartsell & Williams, P.A., by Fletcher L. Hartsell, Jr. , and Christy E. Wilhelm , Concord, Amicus Curiae.

McCULLOUGH, Judge.

Defendant Piedmont Triad Regional Water Authority ("defendant") appeals from an order of the Guilford County Superior Court which held that defendant had taken plaintiffs' riparian rights and that plaintiffs were entitled to compensation for defendant's taking. After careful review, we affirm the order of the trial court.

I. Background

Defendant is a public water authority that is comprised of Randolph County and the municipalities...

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