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SHELL ISLAND HOMEOWNERS ASS'N., INC. v. TOMLINSON

No. 348P98.

525 S.E.2d 176 (1998)

SHELL ISLAND HOMEOWNERS ASSOCIATION, INC., a North Carolina Non-Profit Corporation, Charles B. Casteen and Wife, Barbara M. Casteen; and Richard R. Schnabel and Wife, Dorothy L. Schnabel, Plaintiffs, v. Eugene B. TOMLINSON, Chairman, North Carolina Coastal Resources Commission; Department of Environment and Natural Resources for the State of North Carolina; Wayne McDevitt, Secretary of the Department of Environment and Natural Resources; and the State of North Carolina, Defendants, and North Carolina Coastal Federation, Inc., Intervenor.

Supreme Court of North Carolina.

November 5, 1998.

Attorney(s) appearing for the Case

Kenneth A. Shanklin, Susan J. McDaniel, Wilmington, C.C. Harness, III, Charleston, SC, for Shell Island Homeowners et al.

Robin W. Smith, Assistant Attorney General, J. Allen Jernigan, Special Deputy Attorney General, Mary Penny Thompson, Associate Attorney General, for Tomlinson et al.

Donnell Van Noppen, III, Greensboro, for North Carolina Coastal Fed.

ORDER

Upon consideration of the petition filed by Plaintiffs 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 5th day of November...

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