North Carolina Electric Membership Corp. v. White

Finney, Justice:

This is an appeal from a declaratory judgment order. The appellants, several electrical power companies (power companies), brought suit challenging the constitutionality of a 1986 ordinance passed by respondent York County Council (County Council). The trial court upheld the 1986 ordinance. We reverse.

In 1986, County Council followed prescribed procedure and enacted an ordinance creating a special tax district (new district) to provide water and sewer service to Western York County. The 1986 ordinance also authorized the issuance of up to 22 million dollars worth of bonds to…