City of Asheville v. State

MARTIN, Chief Judge.

Plaintiff City of Asheville (“Asheville”) appeals from the trial court’s 2 February 2007 order denying its motion for summary judgment, granting cross-motions for summary judgment by the State of North Carolina and the County of Buncombe with several affiliated officials and individuals (with the State of North Carolina, collectively “defendants”), and dismissing the action.

According to the parties’ Amended Complaint and Answers, Asheville operates and at least partially owns a water treatment and distribution system for the treatment and supply of water for drinking,…