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CITY OF ASHEVILLE v. STATE

No. 391PA15.

794 S.E.2d 759 (2016)

CITY OF ASHEVILLE, a municipal corporation v. STATE of North Carolina and The Metropolitan Sewerage District of Buncombe County.

Supreme Court of North Carolina.

Filed December 21, 2016.

Attorney(s) appearing for the Case

Ellis & Winters LLP, Raleigh, by Matthew W. Sawchak , Paul M. Cox , and Emily E. Erixson ; Campbell Shatley, PLLC, Asheville, by Robert F. Orr ; Long, Parker, Warren, Anderson & Payne, P.A., Asheville, by Robert B. Long, Jr. ; and City of Asheville City Attorney's Office, by Robin T. Currin , for plaintiff-appellant.

Roy Cooper , Attorney General, by I. Faison Hicks , Special Deputy Attorney General, for defendant-appellee State of North Carolina.

Cauley Pridgen, P.A., by James P. Cauley, III ,Wilson, and Gabriel Du Sablon , Raleigh, for City of Wilson, amicus curiae.

Allegra Collins Law, by Allegra Collins , and Alexandra Davis , for International Municipal Lawyers Association, amicus curiae.

Kimberly S. Hibbard , General Counsel, and Gregory F. Schwitzgebel III , Associate General Counsel, for North Carolina League of Municipalities, amicus curiae.

In 2013, the General Assembly enacted legislation that effectively required the City of Asheville to involuntarily transfer the assets that it uses to operate a public water system to a newly created metropolitan water and sewerage district. See Act of May 2, 2013, ch. 50, 2013 N.C. Sess. Laws 118, amended by Act of July 22...

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