Legal Opinion
North Carolina ex rel. North Carolina Department of Administration v. Alcoa Power Generating, Inc.
District Court, E.D. North Carolina
Decided November 27, 2013No. 5:13-CV-633-BOPublished
1Opinion of the Court
ORDER
TERRENCE W. BOYLE, District Judge.
This cause comes before the Court on the State’s motion to remand. A hearing was held on this matter before the undersigned on November 14, 2013, at Raleigh, North Carolina. For the reasons discussed below, the State’s motion is denied.
BACKGROUND
The State filed this declaratory judgment action in Wake County Superior Court seeking a declaration that, inter alia, roughly thirty-eight miles of submerged riverbed in the Yadkin River is the sole and exclusive property of the State of North Carolina, held by the State in trust for the people of the State.…
2Cases cited15 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Idaho v. Coeur D'Alene Tribe of IdahoSupreme Court of the United States · 1997
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
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