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COUNTY OF DARE v. NORTH CAROLINA DEPT. OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES

No. 292P92.

421 S.E.2d 352 (1992)

COUNTY OF DARE, a Body Politic and Corporate v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES and Town of Manteo.

Supreme Court of North Carolina.

September 30, 1992.

Attorney(s) appearing for the Case

John N. Fountain and Glenn C. Raynor, Raleigh, Dwight H. Wheless, Manteo, for plaintiff.

Daniel D. Khoury, Manteo, Yvonne C. Bailey, Raleigh, and G. Criston Windham, Winston-Salem, for Town of Manteo.

Kathryn Jones Cooper, Raleigh, for DEH.

Richard C. De Young, III and Buren R. Shields, III, New Bern, for Carolina Food.

ORDER

Upon consideration of the petition filed by Plaintiff in this matter for discretionary review under G.S. 7A-31 prior to a determination by the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 30th day of September 1992."

Motion by Carolina Food to Suspend Rules to Allow Response has been filed and the following...

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