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CTY. OF WAKE v. N.C. DEPT. OF ENVIRONMENT & NATURAL RESOURCES

No. 46P03.

579 S.E.2d 386 (2003)

357 N.C. 62

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.

Supreme Court of North Carolina.

March 27, 2003.

Attorney(s) appearing for the Case

Ernest C. Pearson, Raleigh, for Town of Holly Springs.

John Runkle, for Schifano et al.

Michael Ferrell, Wake County Attorney, for County of Wake.

Lauren Clemmons, Nancy Scott, Assistant Attorney Generals, for NCDENR.

Stephon Bowens, Holly Springs, for Jerry Franks.

Prior report: ___ N.C.App. ___, 573 S.E.2d 572.

ORDER

Upon consideration of the petition filed by Respondent (Jerry Franks) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the...

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