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MARTIN MARIETTA CORP. v. WAKE STONE CORP.

No. 9110SC1162.

432 S.E.2d 428 (1993)

MARTIN MARIETTA CORPORATION, Martin Marietta Aggregates, and John F. Long, Jr., Plaintiffs, v. WAKE STONE CORPORATION and Thomas B. Oxholm, Defendants.

Court of Appeals of North Carolina.

August 3, 1993.

Attorney(s) appearing for the Case

Petree Stockton & Robinson, by Ralph M. Stockton, Jr., Jeffrey C. Howard and Stephen R. Berlin, Winston-Salem, for plaintiffs-appellants.

McMillan, Kimzey & Smith, by James M. Kimzey, Katherine E. Jean and Martha K. Walston, Raleigh, for defendants-appellees.

ORR, Judge.

In early 1989, Martin Marietta began the process of locating and opening a rock quarry in Nash County, North Carolina. This process included filing applications with state and local regulatory authorities for various permits that are required. On 1 December 1989, Martin Marietta filed an application for a state mining permit. On 26 February 1990, Steve Conrad, the Director of the Division of Land Resources of the North Carolina Department of Environment...

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