STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF BRUNSWICK 17CVS2243

TOWN OF LELAND, NORTH CAROLINA,

and H2GO BRUNSWICK REGIONAL
WATER & SEWER,

Plaintiffs,

vs.

TOWN OF BELVILLE, NORTH

CAROLINA,

Defendant.

TOWN OF LELAND, NORTH CAROLINA,

Plaintiff and Cross-Claim

Plaintiff,
DEFENDANT TOWN OF BELVILLE,
NORTH CAROLINA'S
vs.
MOTION TO DISMISS
(RULE 12, N.C.R. Civ. P.)
TOWN OF BELVILLE, NORTH
CAROLINA,

Defendant,

and

H2GO BRUNSWICK REGIONAL WATER

& SEWER,

Cross-Claim Defendant.

INTERLOCAL RISK FINANCING FUND

OF NORTH CAROLINA,

Intervenor.
 NOW COMES Defendant Town ofBelville, North Carolina ("Belville"), through counsel

and pursuant to Rule 12 of the North Carolina Rules of Civil Procedure, and moves the Court to

dismiss the claims asserted against Belville by Plaintiffs Town of Leland ("Leland") and H2GO

Brunswick Regional Water & Sewer ("H2GO") in the First Amended Complaint ("Amended

Complaint") for failure to state a claim and lack of subject matter jurisdiction. In support of its

Motion, Belville respectfully shows the Court the following:

1. Leland filed the original Complaint in this action, against Belville and H2GO as

defendants, on December 1, 2017.

2. By Ordered entered March 22, 2018, the Court granted Leland's motion for leave

to amend the Complaint and to realign H2GO as a Plaintiff and Cross-Claim Defendant.

3. On April 5, 2018, Leland and H2GO filed the Amended Complaint. There are

twelve claims for relief in the Amended Complaint: eight asserted by Leland and H2GO against

Belville, three asserted by only H2GO against Belville, and one asserted by Leland against both

H2GO and Belville.

4. On April 20, 2018, the Court entered an order extending Belville's deadline to

respond to the Amended Complaint through June 4, 2018.

5. Plaintiffs' claims arise out of transactions occurring between Belville and H2GO on

or about November 29, 2017, that were voted on and approved by H2GO's duly elected and serving

board of commissioners and then voted on and approved by Belville's duly elected and serving

board of commissioners, and to which Leland was not a party.

6. The claims asserted against Belville should be dismissed for failure to state a claim

upon which relief may be granted.

7. In addition, the claims asserted by Leland should be dismissed for lack of subject

matter jurisdiction because Leland does not have standing to bring such claims.
 8. Pursuant to the Court's instructions, Belville's IVtemorandum of Law in support of

its Motion will be submitted on or before June 11, 2018, and is herein incorporated by reference.

WHEREFORE, on the grounds aforesaid and as will be set forth in Belville's Memorandum

of Law, Belville requests that the Court enter an order dismissing the claims against Belville for

failure to state a claim upon which relief may be granted or, in the alternative, dismissing the claims

asserted by Leland for lack of standing.

Respectfully submitted, this the 4th day of^ne, 2018.

CfiarieS'S. Baldwin, IV
Andrew L. Rodenbough
Brooks Pierce McLendon
Humphrey & Leonard, L.L.P.
115 N. 3rd Street, Suite 3 01
Wilmington,NC28401

James E. Eldridge, Esq.

Eldridge Law Firm, PC
P.O. Box 1380
Wilmington, NC

Attorneys for Town ofBelville

 CERTIFICATE OF SERVICE

I, the undersigned attorney, hereby certify that on the date indicated below, I hereby

served a copy of the foregoing document by depositing the same in the United States mail,

postage prepaid, and properly addressed as follows:

Joseph S. Dowdy, Esquire Brian E. Edes, Esquire

Todd S. Roessler, Esquire
Phillip A. Harris, Jr., Esquire
Kilpatrick Townsend & Stockton LLP
4208 Six Forks Road, Suite 1400
Raleigh, North Carolina 27609
Attorneys for Town ofLeland
Crossley Mclntosh & Collier
5002 Randall Parkway
Wilmington, North Carolina 28403
Attorney for Plaintiff H2GO Brunswick
Regional Water & Sewer

Cathryn M. Little, Esquire

Little & Little, PLLC
Post Office Box 20789
Raleigh, North Carolina 27619-0789
Attorney for Intervenor Interlocal Risk
Financing Fund of North Carolina

This the 4th day of June, 2018.

Charle^Baldwin, IV (N.C. State Bar #19799)

Attorney for Town ofBelville, North Carolina