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, ...

Tagged with: Public Utilities

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 ...

Tagged with: Public Utilities

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 ...

Tagged with: Public Utilities

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 ...

Tagged with: mootness Public Utilities

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 ...

Tagged with: Eminent Domain Public Utilities

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 summary judgment to the county on state and federal preemption claims.

Tagged with: Public Utilities

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.

Tagged with: Cable TV Civil Practice first impression Municipal Public Utilities subject-matter jurisdiction

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.

Tagged with: Breach of Fiduciary Duty Claim Capital Credits Public Utilities Retirement Tort/Negligence

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.

Tagged with: Breach of Fiduciary Duty Claim Capital Credits Public Utilities Retirement Tort/Negligence

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.

Tagged with: Capital Credits Public Utilities Retirement