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Municipal – Public Utilities – Water & Sewer Impact Fees – Civil Practice – Statute of Limitations
The plaintiff-developers’ injury arose when they paid the water and sewer impact fees imposed by the defendant-town, not when the town adopted the ordinance requiring payment of the fees. Therefore, plaintiffs’ claims arose between May 1, 2006 and June 30, 2009. Where plaintiffs’ claims rest upon an alleged statutory violation that resulted in the exaction […]
Municipal – Public Utilities – Water & Sewer – Impact Fees – Future Use – Statutory Construction
Quality Built Homes Inc. v. Town of Carthage (Lawyers Weekly No. 010-036-16, 12 pp.) (Paul Newby, J.) Appealed from Moore County Superior Court (James Webb, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: The enabling statutes for municipal water and sewer fees are in the present tense, so the town […]
Municipal – Public Utilities – Water Customer Classification – Civil Practice – Statute of Limitations – Continuing Wrong Doctrine
ACTS Retirement-Life Communities, Inc. v. Town of Columbus (Lawyers Weekly No. 011-248-16, 11 pp.) (Rick Elmore, J.) Appealed from Polk County Superior Court (Jeffrey Hunt, J.) N.C. App. Holding: The defendant-town reclassified two of plaintiff’s six water meters from commercial to residential in June 2002; therefore, plaintiff’s February 2011 complaint – alleging the reclassification and [&[...]
Public Utilities — Civil Practice – Mootness – Discovery – Membership Rolls
130 of Chatham, LLC v. Rutherford Electric Membership Corp. (Lawyers Weekly No. 15-07-0498, 16 pp.) (Linda Stephens, J.) Appealed from Rutherford County Superior Court (Alan Thornburg, J.) N.C. App. Holding: Since defendant has already produced the membership lists and other documents plaintiff requested, this appeal of the order requiring such production is moot. Appeal dismissed. […]
Public Utilities — Electric Membership Corporation – Real Property – Easements – Bylaws – Contract – Tort/Negligence
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 and conditions,” and (2) allowing the EMC to shut off a member’s electricity for violating […]
Zoning – Court Upholds Denial of Substation Expansion
Washington Gas Light Co. v. Prince George’s County Council A gas company seeking to expand its natural gas substation in Prince George’s County, Md., cannot challenge the county’s denial of their request in this federal lawsuit; the 4th Circuit affirms the district court decision dismissing the company’s claim under the state’s “mandatory referral statute” and granting summa[...]
Civil Practice – Subject Matter Jurisdiction – Case or Controversy – First Impression — Public Utilities – Cable TV – Municipal — Pole Attachment Rates
Time Warner Entertainment Advance/Newhouse Partnership v. Town of Landis Since the defendant-town has merely proposed a pole-attachment rate to which the plaintiff-cable television provider objects, there is no controversy for the court to adjudicate.
Public Utilities – EMC – Deceased Members – Capital Credits – Retirement – Discount – Tort/Negligence – Breach of Fiduciary Duty Claim
Lockerman v. South River Electric Membership Corp. Plaintiffs have failed to show that there is a fiduciary relationship between an electric membership corporation and its members. Therefore, plaintiffs have failed to prove the defendant-electric membership corporation breached a fiduciary duty when it discounted deceased members’ capital credits before paying them.
Public Utilities – EMC – Deceased Members – Capital Credits – Retirement – Discount – Tort/Negligence – Breach of Fiduciary Duty Claim
Lockerman v. South River Electric Membership Corp. Plaintiffs have failed to show that there is a fiduciary relationship between an electric membership corporation and its members. Therefore, plaintiffs have failed to prove the defendant-electric membership corporation breached a fiduciary duty when it discounted deceased members’ capital credits before paying them.
Public Utilities – EMC – Deceased Members – Capital Credits – Retirement – Discount – Tort/Negligence – Breach of Fiduciary Duty Claim
Lockerman v. South River Electric Membership Corp. Plaintiffs have failed to show that there is a fiduciary relationship between an electric membership corporation and its members. Therefore, plaintiffs have failed to prove the defendant-electric membership corporation breached a fiduciary duty when it discounted deceased members’ capital credits before paying them.
Civil Rights – Discrimination – Public Utilities — Solid Waste Collection – Constitutional – Equal Protection Clause
Cedar Greene, LLC v. City of Charlotte The city’s policy of reimbursement for solid waste disposal for multi-family complexes – namely that it will reimburse solid waste disposal fees only for its single preferred collection company – is not discriminatory.
Civil Rights – Discrimination – Public Utilities — Solid Waste Collection – Constitutional – Equal Protection Clause
Cedar Greene, LLC v. City of Charlotte The city’s policy of reimbursement for solid waste disposal for multi-family complexes – namely that it will reimburse solid waste disposal fees only for its single preferred collection company – is not discriminatory.
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Commentary
- Amotion sees resurgence after almost a decade
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