NORTH BUNCOMBE ASSOCIATION OF CONCERNED CITIZENS, INC. v. RHODES

No. 434A90.

395 S.E.2d 685 (1990)

327 N.C. 431

NORTH BUNCOMBE ASSOCIATION OF CONCERNED CITIZENS, INC. Successor to the Flat Creek Unincorporated Association of Concerned Citizens; Gary Hensley, President of the Corporation; and Gary Hensley, Individually and wife, Debbie Hensley v. Thomas RHODES, Secretary of N.C. Department of Natural Resources & Community Development; Stephen G. Conrad, Director of the Division of Land Resources, N.C. Dept. of Natural Resources and Community Development Individually and as Director of the Division of Land Resources for the Department of Natural Resources and Community Development; Charles Gardner, Chief of Land Quality Section, Division of Land Resources, N.C. Dept. of Natural Resources and Community Development, Individually and as the Chief of the Land Management System; Thomas Carroll, Mining Specialist, Land Quality Section, Division of Resources and Community Development, Individually and as an employee of the Department, Division, and Section; R. Paul Wilms, Director of Division of Environmental Management, N.C. Dept. of Natural Resources and Community Development in his official capacity; James S. Lofton, Secretary of the Dept. of Administration, in his capacity as the designated Director of the State Agency charged with the administration of North Carolina Environmental Policy Act; The North Carolina Department of Natural Resources and Community Development, a Division of the State Government; and Vulcan Materials Company, a New Jersey Corporation.

Supreme Court of North Carolina.

August 29, 1990.


Attorney(s) appearing for the Case

Long, Parker, Hunt, Payne & Warren, Asheville, for plaintiffs.

Philip A. Telfer, Asst. Atty. Gen., for Dept. of Natural Resources.

Womble, Carlyle, Sandridge & Rice, Charlotte, for Vulcan Materials Co.


ORDER

Upon consideration of the petition filed by Plaintiffs in this matter for Writ of Supersedeas of the judgment of the Court of Appeals in this matter, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Temporary Stay Allowed. By order of the Court in conference, this the 29th day of...

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