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TWEAN v. TOWN OF LANDIS

No. COA 13-22.

747 S.E.2d 610 (2013)

TIME WARNER ENTERTAINMENT ADVANCE/NEWHOUSE PARTNERSHIP, Plaintiff, v. TOWN OF LANDIS, North Carolina, Defendant.

Court of Appeals of North Carolina.

August 6, 2013.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, by Reid Phillips , and Hogan Lovells U.S. LLP, by Gardner Gillespie and Paul Warner , for plaintiff-appellant.

Poyner Spruill LLP, by Andrew H. Erteschik , for defendant-appellee.

Nelson Mullins Riley & Scarborough, Raleigh, by Joseph W. Eason , Christopher J. Blake , and Phillip A. Harris, Jr. , for the North Carolina Association of Electric Cooperatives, amicus curiae.

David M. Barnes , Raleigh, for Electricities of North Carolina, Inc., amicus curiae.

HUNTER, JR., ROBERT N., Judge.

Time Warner Entertainment Advance/Newhouse Partnership ("TWEAN") appeals a trial court order dismissing its case for lack of subject matter jurisdiction. Upon review, we reverse and remand.

I. Facts & Procedural History

In 1979, Vision Cable Communications, Inc. ("Vision") began providing cable television services in the Town of Landis ("Landis"). On 16 June 1984, Vision...

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