COUNTY OF WAKE, Petitioner,
v.
North Carolina DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES, and Jerry Franks and John Schifano, et al., Respondents. and
Town of Holly Springs, Respondent-Intervenor.
Court of Appeals of North Carolina.https://leagle.com/images/logo.png
December 31, 2002.
December 31, 2002.
Attorney(s) appearing for the Case
Wake County Attorney's Office, by Michael R. Ferrell, Raleigh, for petitioner-appellee County of Wake.
Land Loss Prevention Project, by Katherine Carpenter, and Marcus Jimison, Durham; John Schifano, Holly Springs; and John D. Runkle, Chapel Hill, for respondent-appellants Jerry Franks and John Schifano, et al.
The Sanford Holshouser Law Firm, by Anna K. Baird and Ernest C. Pearson, for respondent-intervenor-appellant Town of Holly Springs.
Attorney General Roy Cooper, by Assistant Attorneys General Nancy E. Scott and Lauren M. Clemmons, for North Carolina Department of Environment and Natural Resources, amicus curiae.
James B. Blackburn, General Counsel; and Jordan Price Wall Gray Jones & Carlton, by R. Frank Gray and Hope Derby Carmichael, for North Carolina Association of County Commissioners, amicus curiae.
Court of Appeals of North Carolina.
CAMPBELL, Judge.
Jerry Franks, John Schifano, et al., and the Town of Holly Springs (collectively, "respondents"), appeal the superior court's reversal of a judicially-imposed final agency decision of the North Carolina Department of Environment and Natural Resources ("DENR").1 The judicially-imposed final agency decision had ordered the withdrawal of a permit to construct a municipal solid waste landfill ("Facility Permit 92-22...
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