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Public Utilities – Impact Fees – Water & Sewer – ‘To Be Furnished’ – Private Utility – Civil Practice – Statute of Limitations – Real Property (access required)

Point South Properties, LLC v. Cape Fear Public Utility Authority (Lawyers Weekly No. 15-07-0971, 27 pp.) (Valerie Zachary, J.) Appealed from New Hanover County Superior Court (W. Douglas Parsons, J.) N.C. App. Holding: Since 1976, defendants have had vague plans ...

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Public Utilities – Water & Sewer – Rate Adjustment Mechanism – Commission Oversight – Adequate Findings (access required)

State ex rel. Utilities Commission v. Cooper (Lawyers Weekly No. 15-06-0827, 15 pp.) (Barbara Jackson, J.) Appealed from the Utilities Commission. N.C. S. Ct. Holding: The G.S. § 62-133.12 rate adjustment mechanism will allow the applicant-water and sewer company to ...

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Public Utilities — Electric Membership Corporation – Capital Credits – Discounted-Rate Retirement – Contract – Tort/Negligence – Civil Practice – Statute of Limitations (access required)

Lockerman v. South River Electric Membership Corp. (Lawyers Weekly No. 15-15-0572, 26 pp.) (James Gale, C.J.) 2015 NCBC 57 Holding: When plaintiff’s decedents passed away before it was time for defendant South River Electric Membership Corporation (SREMC) to retire their ...

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Public Utilities — Electric Membership Corporation – Real Property – Easements – Bylaws – Contract – Tort/Negligence (access required)

Cape Hatteras Electric Membership Corp. v. Stevenson (Lawyers Weekly No. 15-15-0404, 19 pp.) (Gregory McGuire, J.) 2015 NCBC 34 Holding: The court upholds an electric membership corporation’s bylaws (1) requiring members to grant the EMC an easement upon “reasonable terms ...

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Public Utilities- Real Property – Condemnation – Multi-County Tract – Civil Practice – Subject Matter Jurisdiction – Pleadings Amendment (access required)

Rutherford Electric Membership Corp. v. 130 of Chatham, LLC (Lawyers Weekly No. 14-07-0846, 14 pp.) (Robert N. Hunter Jr., J.) Appealed from Rutherford County Superior Court (High Lewis, J.) N.C. App. Holding: Even though G.S. Chapter 40A is unclear as ...

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