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CEDAR GREENE, LLC v. CITY OF CHARLOTTE

No. COA12-212.

731 S.E.2d 193 (2012)

CEDAR GREENE, LLC and O'Leary Group Waste Systems, LLC, Plaintiffs, v. CITY OF CHARLOTTE, Defendant.

Court of Appeals of North Carolina.

August 7, 2012.

Attorney(s) appearing for the Case

Robinson, Bradshaw & Hinson, P.A., Charlotte, by Richard A. Vinroot , A. Ward McKeithen , and Matthew F. Tilley , for plaintiff appellees.

Office of the City Attorney, by Senior Assistant City Attorney S. Mujeeb Shah-Khan and Assistant City Attorney Thomas E. Powers, III , for defendant appellant.

K & L Gates LLP, Charlotte, by Roy H. Michaux, Jr. , for Greater Charlotte Apartment Association amicus curiae.

McCULLOUGH, Judge.

Defendant City of Charlotte ("the City") appeals from the trial court's summary and declaratory judgment finding and concluding that the City's reimbursement policy for the disposal of supplemental solid waste collected from multi-family complexes constitutes unlawful, unreasonable, and arbitrary discrimination in the provision of a public enterprise service in violation of N.C. Gen.Stat. § 160A-314 (2011). On appeal, the City argues the trial...

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