United States Cold Storage, Inc. v. Town of Warsaw

HUNTER, JR., ROBERT N., Judge, dissenting.

I agree with the majority that "hard cases are the quicksands of the law." Fulghum v. Selma, 238 N.C. 100, 103, 76 S.E.2d 368, 370 (1953). I dissent because I am not convinced it is proper for the Town of Warsaw to discontinue sewage services to USCS under the shadow of "voluntary" annexation.

North Carolina differentiates between the authority of a city operating a public utility within city limits and outside city limits. See N.C. Gen.Stat. § 160A-312 (2013). Generally, towns have no duty to furnish water and sewer services to persons outside the…