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RUTHERFORD ELECTRIC MEMBERSHIP CORP. v. 130 OF CHATHAM

No. COA14-134.

763 S.E.2d 296 (2014)

RUTHERFORD ELECTRIC MEMBERSHIP CORPORATION, Petitioner, v. 130 OF CHATHAM, LLC, Respondent.

Court of Appeals of North Carolina.

September 2, 2014.

Attorney(s) appearing for the Case

Parker Poe Adams & Bernstein, LLP, Charlotte, by W. Edward Poe, Jr. , Thomas N. Griffin, III , and Benjamin Sullivan ; and Law Offices of Elizabeth T. Miller, by Elizabeth T. Miller , Rutherfordton, for Petitioner-appellant.

Roberts & Stevens, P.A., Asheville, by Ann-Patton Hornthal and William Clarke ; Sigmon, Clark, Mackie, Hanvey & Ferrell, PA, Hickory, by Forrest Ferrell and Amber Reinhardt ; and Kilpatrick, Townsend & Stockton, LLP, Raleigh, by Steven J. Levitas , for Respondent-appellee.

HUNTER, JR., ROBERT N., Judge.

Petitioner Rutherford Electric Membership Corporation ("Rutherford Electric") appeals from an order dismissing their petition to condemn easements for a power line across Respondent 130 of Chatham LLC's ("Chatham") tract of land ("Box Creek Wilderness") that spans across Rutherford and McDowell Counties After careful review, we reverse the trial court's order.

I. Facts & Procedural History

Rutherford Electric filed...

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