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DUKE ENERGY CAROLINAS, LLC v. KISER

No. COA20-333.

867 S.E.2d 1 (2021)

2021-NCCOA-558

DUKE ENERGY CAROLINAS, LLC, Plaintiff, v. Michael L. KISER, Robin S. Kiser, and Sunset Keys, LLC, Defendants/Third-Party Plaintiffs, v. Thomas E. Schmitt and Karen A. Schmitt, et al., Third-Party Defendants.

Court of Appeals of North Carolina.

Filed October 19, 2021.

Attorney(s) appearing for the Case

Redding Jones, PLLC, Charlotte, by Ty K. McTier and David G. Redding , for Defendants-Appellants.

Troutman Sanders LLP, Charlotte, by Kiran H. Mehta and Victoria A. Alvarez , for Plaintiff-Appellee.

Jones, Childers, Donaldson & Webb, PLLC, by Mark L. Childers , Mooresville, Kevin C. Donaldson , Mooresville, and C. Marshall Horsman, III , for Third-Party Defendants-Appellees.

David P. Parker, PLLC, by David P. Parker , Statesville, for Thomas E. Schmitt , Karen A. Schmitt , Linda Gail Combs , and Robert Donald Shepard , Third-Party Defendant-Appellees.

¶ 1 This case concerns the rights of third-party landowners to build and maintain docks and other structures over and into the submerged land belonging to another, such land comprising a portion of the lakebed, subject to the easement of a power company. For reasons outlined below, we reverse and remand.

I. Factual and...

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