TOWN OF SPRUCE PINE v. AVERY COUNTY

No. 431A96.

477 S.E.2d 55 (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 Eller, 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 10, 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 Pine.

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 for discretionary review, filed by Attorney General in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the...

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