Mount Olive Water Ass'n v. City of Fayetteville

David Newbern, Justice.

This is an appeal from a summary judgment awarded in favor of the appellee, the City of Fayetteville (City), against the appellant, the Mount Olive Water Association (Association). The City provides water to the Association by contract entered February 2,1981. The contract term is 20 years with the price to be set by the City from time to time.

On November 20, 1990, the City passed an ordinance establishing current water rates at an amount higher than those being paid. The Association refused to pay the higher rate. The City sued for damages amounting to the difference…