No. 108PA14-2.

789 S.E.2d 445 (2016)

DUKE ENERGY CAROLINAS, LLC, Plaintiff v. Herbert A. GRAY, Defendant/Third-Party Plaintiff v. John Wieland Homes and Neighborhoods of the Carolinas, Inc., Third-Party Defendant; and Builder Support Services of the Carolinas, Inc. f/k/a John Wieland Homes and Neighborhoods of the Carolinas, Inc., Fourth-Party Plaintiff v. Yarbrough-Williams & Houle, Inc., Lucas-Forman, Inc., and Carter Land Surveyors & Planners, Inc., Fourth-Party Defendants.

Supreme Court of North Carolina.

Filed August 19, 2016.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, LLP, Charlotte, by Debbie W. Harden , Meredith J. McKee , and Jackson R. Price , for plaintiff-appellant/appellee.

James, McElroy & Diehl, P.A., Charlotte, by Preston O. Odom, III and John R. Buric , for defendant/third-party plaintiff-appellee/appellant Herbert A. Gray; DeVore, Acton & Stafford, PA, Charlotte, by Fred W. DeVore, III and Derek P. Adler , for third-party defendant/fourth-party plaintiff-appellee/appellant John Wieland Homes and Neighborhoods of the Carolinas, Inc.; and Hamilton Stephens Steele & Martin, PLLC, Charlotte, by Erik M. Rosenwood and Mark R. Kutny , for fourth-party defendant-appellee/appellant Yarbrough-Williams & Houle, Inc.

Nelson Mullins Riley & Scarborough LLP, Raleigh, by Joseph W. Eason and D. Martin Warf , for North Carolina Electric Membership Corporation and North Carolina Association of Electric Cooperatives, amici curiae.

Kimberly S. Hibbard , General Counsel, and Gregory F. Schwitzgebel, III , Associate General Counsel, North Carolina League of Municipalities; and Daniel F. McLawhorn , City of Raleigh Associate City Attorney, for North Carolina League of Municipalities, amicus curiae.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., Raleigh, by Matthew D. Rhoad , for Public Service Company of North Carolina, Inc. d/b/a PSNC Energy; and Piedmont Natural Gas Company, Inc., amici curiae.

Defendant Herbert A. Gray (defendant) owns real property located in Huntersville, North Carolina. Plaintiff Duke Energy Carolinas, LLC (plaintiff or Duke) owns an easement allowing construction of and access to its power lines. A portion of defendant's property encroaches on plaintiff's easement and defendant has failed to remove...

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