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FRANKS v. ROSS

No. 01-2354.

313 F.3d 184 (2002)

Jerry FRANKS; Laverne Cofield; Easton Acres Residents Association, Plaintiffs-Appellants, v. William G. ROSS, Jr., Secretary for the North Carolina Department of Environment and Natural Resources, in his official capacity; Dexter Matthews, Director of Division of Solid Waste Management, in his official capacity; Wake County; Wake County Board of Commissioners, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 4, 2002.

Attorney(s) appearing for the Case

ARGUED: Marcus B. Jimison, Katherine Leigh Carpenter, Land Loss Prevention Project, Durham, North Carolina, for Appellants. Michael R. Ferrell, Wake County Attorney, Wake County Attorney's Office, Raleigh, North Carolina; Lauren Murphy Clemmons, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Shelley Tager Easton, Deputy County Attorney, Wake County Attorney's Office, Raleigh, North Carolina; Roy Cooper, Attorney General, Nancy E. Scott, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.

Before MOTZ and KING, Circuit Judges, and Robert R. BEEZER, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Affirmed in part, reversed in part, and remanded by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Senior Judge BEEZER joined.

OPINION

KING, Circuit Judge.

Plaintiffs Franks, Cofield, and the Easton Acres Residents Association (the "Plaintiffs") appeal from the district court's October 2001 decision dismissing their complaint. The Plaintiffs sought injunctive relief against the Wake County Board of Commissioners and Wake...

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