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NORTH BUNCOMBE ASSOC OF CONCERNED CIT. INC. v. N.C. DEPT. OF ENVIRONMENT, HEALTH & NATURAL RESOURCES

No. 506PA93.

441 S.E.2d 119 (1994)

335 N.C. 558

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, Petitioners, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES, Respondent, and Vulcan Materials Company, Intervenor.

Supreme Court of North Carolina.

January 27, 1994.

Attorney(s) appearing for the Case

H. Grady Barnhill, Jr., Keith A. Clinard, Winston-Salem, for Vulcan Materials Co.

Philip A. Telfer, Sp. Deputy Atty. Gen., for Environment.

Steve Warren, Asheville, for Concerned Citizens.

Prior report: 112 N.C. App. 366, 437 S.E.2d 539.

ORDER

Upon consideration of the petition filed by Appellant (Vulcan Materials Company) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Vulcan's petition for discretionary review is allowed as to issues 1, 2, 3, 4, and 5 as stated...

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