Cedar Greene, LLC v. City of Charlotte

McCullough, Judge.

Defendant City of Charlotte (“the City”) appeals from the trial court’s summary and declaratory judgment finding and concluding that the City’s reimbursement policy for the disposal of supplemental solid waste collected from multi-family complexes constitutes unlawful, unreasonable, and arbitrary discrimination in the provision of a public enterprise service in violation of N.C. Gen. Stat. § 160A-314 (2011). On appeal, the City argues the trial court erred in (1) denying its motion to dismiss with respect to both plaintiffs under Rule 12(b)(1) of our Rules of Civil…