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Home / Courts / N.C. Court of Appeals / Public Utilities — Landlord/Tenant Exception – Declaratory Judgment Act – Nonjusticiable Issue (access required)

Public Utilities — Landlord/Tenant Exception – Declaratory Judgment Act – Nonjusticiable Issue (access required)

Appellant Cube Yadkin Generation LLC asked the Utilities Commission whether Cube would qualify for the landlord/tenant exemption from regulation as a public utility if (1) Cube bought land near its hydroelectric generation facilities, (2) found tenants for a business park on the land, and (3) entered into leases with those tenants which included Cube’s provision ...

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