State Ex Rel. Utilities Commission v. Springdale Estates Ass'n

MARTIN (Harry C.), Judge.

The Utilities Commission and Water Company filed a motion to dismiss this appeal for the reason that the appellant violated the rules concerning the form and contents of assignments of error, arguing that it failed to comply with Rule 10(c) of the North Carolina Rules of Appellate Procedure. This Court found that appellant had violated App. R. 10(c) but nevertheless denied the motion to dismiss under the provisions of App. R. 2, exercising its discretion in allowing appellate review because of the public interest matters arising upon the appeal.

Three questions arise…