Legal Opinion
Town of Pine Knoll Shores v. Carolina Water Service, Inc. of North Carolina
Court of Appeals of North Carolina
Decided January 6, 1998No. COA97-138PublishedCited by 26 opinions
1Opinion of the Court
WYNN, Judge.
An actual controversy between the parties must exist at the time the complaint is filed in order for the court to have jurisdiction to render a declaratory judgment. Sharpe v. Park Newspapers of Lumberton, 317 N.C. 579, 584-85, 347 S.E.2d 25, 29 (1986). Because there is no actual controversy involved in this case, we vacate the judgment of the trial court.
On 20 September 1995, the Town of Pine Knoll Shores and six individuals who owned property within the town brought an action for declaratory judgment against Carolina Water Service, Inc. of North Carolina (“Carolina Water”). The…
2Cases cited2 opinions
- Sharpe v. Park Newspapers of Lumberton, Inc.Supreme Court of North Carolina · 1986
- Wendell v. LongCourt of Appeals of North Carolina · 1992
3Cited by26 opinions
- Creek Pointe Homeowner's Ass'n v. HappCourt of Appeals of North Carolina · 2001
- Bailey & Associates, Inc. v. Wilmington Board of AdjustmentCourt of Appeals of North Carolina · 2010
- State Ex Rel. Utilities Commission v. Carolina Water Service, Inc.Court of Appeals of North Carolina · 2002
- Town of Ayden v. Town of WintervilleCourt of Appeals of North Carolina · 2001
- National Travel Services, Inc. v. State Ex Rel. CooperCourt of Appeals of North Carolina · 2002
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