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.https://leagle.com/images/logo.png
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.
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.
EDMUNDS, Justice.
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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