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TOWN OF SPRUCE PINE v. AVERY COUNTY

No. 431A96.

477 S.E.2d 36 (1996)

344 N.C. 637

TOWN OF SPRUCE PINE, a Municipal Corporation, and Bryant Electric Company, Inc., Plaintiffs, v. AVERY COUNTY and Avery County Board of Commissioners, consisting of Susan B. Pittman, Phyllis Forbes, Bill Beuttell, Arlene EUer, Tommy Burleson, Individually, Defendants, v. The NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION, The Division of Environmental Management of the North Carolina Department of Environment, Health and Natural Resources; and The Division of Environmental Health of the North Carolina Department of Environment, Health and Natural Resources, Additional Defendants.

Supreme Court of North Carolina.

October 2, 1996.

Attorney(s) appearing for the Case

Daniel F. McLawhorn, Kathryn Jones Cooper, Special Deputy Attorneys General, Sarah Y. Meacham, Assistant Attorney General, for Environmental Division.

Thomas E. Terrell, High Point, Lloyd Hise, Jr., Spruce Pine, for Town of Spruce.

Ronald W. Howell, Burnsville, Joseph W. Seegers, County Attorney, for Avery County.

Prior report: 123 N.C. App. 704, 475 S.E.2d 233.

ORDER

Upon consideration of the petition filed by Attorney General for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Allowed by order of the Court in conference, this the 2nd day of...

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