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VIKING UTILITIES CORP., INC. v. ONSLOW WATER & SEWER AUTH.

No. COA13-597.

755 S.E.2d 62 (2014)

VIKING UTILITIES CORPORATION, INC., Garland W. Tuton, and Sue C. Tuton, Plaintiffs, v. ONSLOW WATER AND SEWER AUTHORITY, Defendant.

Court of Appeals of North Carolina.

March 4, 2014.

Attorney(s) appearing for the Case

Ward and Smith, P.A., by Ryal W. Tayloe and Jeremy M. Wilson , for plaintiff-appellees.

Turrentine Law Firm, PLLC, by S.C. Kitchen , for defendant-appellant.

STEELMAN, Judge.

Where further development of the record is necessary for determination of whether the defendant is entitled to assert the defense of governmental immunity, the trial court did not err by denying defendant's motion to dismiss under N.C. Gen.Stat. § 1A-1, Rule 12(b)(1), (2), and (6).

I. Factual and Procedural Background

On 16 November 2007, Viking Utilities Corporation, Inc., Garland W. Tuton, and Sue C. Tuton (collectively...

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