Legal Opinion
Carolina Water Service, Inc. v. Town of Pine Knoll Shores
Court of Appeals of North Carolina
Decided August 21, 2001No. COA00-1001PublishedCited by 4 opinions
1Opinion of the Court
HUDSON, Judge.
Carolina Water Service filed this suit seeking to enjoin the Town of Pine Knoll Shores from establishing a municipal water system and to enforce exclusive water service provisions in its favor. The trial court declared unenforceable the exclusive water service provisions in favor of Carolina Water, denied an injunction against the Town, and permanently enjoined Carolina Water from using the provisions to interfere with the Town’s right to build its own water system. We agree that the exclusive rights provisions contravene public policy which favors municipalities and which…
2Cases cited7 opinions
- Knoxville Water Co. v. KnoxvilleSupreme Court of the United States · 1906
- Lumbee River Electric Membership Corp. v. City of FayettevilleSupreme Court of North Carolina · 1983
- Elizabeth City Water & Power Co. v. City of Elizabeth CitySupreme Court of North Carolina · 1924
- Town of Pine Knoll Shores v. Carolina Water Service, Inc. of North CarolinaCourt of Appeals of North Carolina · 1998
- Cauble v. . TrexlerSupreme Court of North Carolina · 1947
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State Ex Rel. Utilities Commission v. Carolina Water Service, Inc.Court of Appeals of North Carolina · 2002
- Botts v. TibbensCourt of Appeals of North Carolina · 2014
- DRAPKIN v. MJALLIDistrict Court, M.D. North Carolina · 2020
- Time Warner Entm't advance/newhouse P'ship v. Town of Landis, N.C.North Carolina Business Court · 2014