CAPE FEAR PUBLIC UTILITY AUTHORITY v. Costa

STROUD, Judge.

I. Factual Background and Procedural History

Defendant Jonathan B. Costa (“Costa”) is the owner of certain property in New Hanover County which is designated as “Tract 3” in the deed from James Henry Hobbs, Jr. and Evelyn Hobbs to Costa and his wife, Jessica A. Costa. The Recorded Plat (as shown by the map marked as Plaintiff’s Exhibit 1; hereinafter referred to as “the Easement Map”) shows a 30-foot wide sewer easement and a 30-foot wide access and utility easement that run along the northern side of Costa’s property. The Easement Map reflects that “all sewer easements are…