Legal Opinion
Town of Spruce Pine v. Avery County
Court of Appeals of North Carolina
Decided September 17, 1996No. COA95-639PublishedCited by 5 opinions
1Opinion of the Court
LEWIS, Judge.
This appeal requires us to determine the constitutionality of the Water Supply Watershed Protection Act, 1989 N.C. Sess. Laws ch. 426 (codified at N.C. Gen. Stat. sections 143-214.5 and 143-214.6 and amending N.C. Gen. Stat. sections 143-215.2(a) and 143-215.6(a)) (1993) (“WSWPA”).
This case had its genesis on 19 March 1993 when an Avery County building inspector refused to grant the Town of Spruce Pine in Mitchell County (“Town”) and its contractor, Bryant Electric Company, a building permit to construct a water supply intake in a North Toe River watershed in Avery County. The…
2Cases cited21 opinions
- In Re Inquiry Concerning a Judge No. 53 PeoplesSupreme Court of North Carolina · 1978
- Adams v. North Carolina Department of Natural & Economic ResourcesSupreme Court of North Carolina · 1978
- State v. . HarrisSupreme Court of North Carolina · 1940
- Sharpe v. Park Newspapers of Lumberton, Inc.Supreme Court of North Carolina · 1986
- Carolina-Virginia Coastal Highway v. Coastal Turnpike AuthoritySupreme Court of North Carolina · 1953
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3Cited by5 opinions
- Woodring v. SwieterCourt of Appeals of North Carolina · 2006
- Gary Steel Products Corp. v. KitchinSupreme Court of Virginia · 1955
- Town of Boone v. StateSupreme Court of North Carolina · 2016
- Town of Boone v. StateSupreme Court of North Carolina · 2016
- Town of Spruce Pine v. Avery CountyCourt of Appeals of North Carolina · 1996