Legal Opinion
State Ex Rel. Utilities Commission v. TOWN OF KILL DEVIL HILLS
Court of Appeals of North Carolina
Decided January 6, 2009No. COA08-42PublishedCited by 5 opinions
1Opinion of the Court
*563HUNTER, Judge.
The Town of Kill Devil Hills (“the Town” or “Kill Devil Hills”) appeals from an order by the North Carolina Utilities Commission (“the Commission”) which preempted the Town’s zoning ordinances and directed Dominion North Carolina Power (“Dominion”) to site an overhead transmission line through Kill Devil Hills. After careful review, we affirm the ruling of the Commission.
Kill Devil Hills is a municipality on the Outer Banks of North Carolina, a narrow barrier island. Dominion provides electrical services to the northern Outer Banks, including Kill Devil Hills, and also provides…
2Cases cited15 opinions
- Presnell v. PellSupreme Court of North Carolina · 1979
- Duke Power Co. v. Blue Ridge Electric Membership Corp.Supreme Court of North Carolina · 1961
- State Ex Rel. Utilities Commission v. General Telephone Co. of the SoutheastSupreme Court of North Carolina · 1974
- State ex rel. Utilities Commission v. EdmistenSupreme Court of North Carolina · 1978
- Merritt v. RidgeSupreme Court of North Carolina · 1988
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3Cited by5 opinions
- Cary Creek Ltd. Partnership v. Town of CaryCourt of Appeals of North Carolina · 2010
- State Ex Rel. Utilities Commission v. TOWN OF HILLSSupreme Court of North Carolina · 2009
- State Ex Rel. Utilities Commission v. TOWN OF KILL DEVIL HILLSSupreme Court of North Carolina · 2009
- Cary Creek Ltd. Partnership v. Town of CaryCourt of Appeals of North Carolina · 2010
- State Ex Rel. Utilities Commission v. TOWN OF KILL DEVIL HILLSCourt of Appeals of North Carolina · 2009