Lumbee River Electric Membership Corp. v. City of Fayetteville

MEYER, Justice.

Before proceeding with the opinion in chief, it is necessary to dispose of a motion in the cause pending before this Court.

On the day of the oral argument before this Court, Fayetteville filed a written motion pursuant to Rule 9(b)(6) of the Rules of Appellate Procedure to amend the record on appeal to include the affidavit of Mr. Claude I. Burkhead, Jr., the City of Fayetteville’s chief electrical engineer. The affidavit was attached to Fayetteville’s response to plaintiffs’ motion for a preliminary injunction, and was thus a part of the original record proper on file and…