State of North Carolina v. Alcoa Power Generating, Inc., No. 5:2013cv00633 - Document 142 (E.D.N.C. 2014)

Court Description: ORDER GRANTING IN PART AND DENYING IN PART 58 Plaintiff's Motion for Partial Summary Judgment, and DENYING 77 Defendant's Motion for Summary Judgment. The plaintiff's Motion for Partial Summary Judgment is granted in part as t o the issue of its prima facie case, waiver, easement by estoppel, use, or consent, and estoppel. The plaintiff's Motion for Partial Summary Judgment is denied on the remaining grounds. The parties are instructed to be ready for trial by January 15, 2015, and the Court will set a trial date by later order. Signed by US District Judge Terrence W. Boyle on 11/20/2014. (Fisher, M.)