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CLARK STONE CO., INC. v. N.C. DENR

No. COA03-526.

594 S.E.2d 832 (2004)

CLARK STONE COMPANY, INC., Petitioner, v. N.C. DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES, DIV. OF LAND RESOURCES and North Carolina Mining Commission, Respondents, Appalachian Trail Conference National Parks Conservation Association; Unincorporated Association of Citizens to Protect Belview Mountain; Ollie Cox; and Faye Williams, Respondent/Intervenors.

Court of Appeals of North Carolina.

May 4, 2004.

Attorney(s) appearing for the Case

Hatch, Little & Bunn, L.L.P., by Harold W. Berry, Jr., A. Bartlett White, and Tina L. Frazier, Raleigh, for petitioner/appellee.

Attorney General Roy Cooper, by Senior Deputy Attorney General James C. Gulick and Assistant Attorney General Jennie Wilhelm Mau, for respondent/appellants.

Southern Environmental Law Center, by Donnell Van Noppen, III, and Sierra B. Weaver, Chapel Hill, for respondent/intervenor appellants Appalachian Trail Conference and National Parks Conservation Association, and Sigmon, Clark, Mackie, Hutton, Hanvey & Ferrell, P.A., by Forrest A. Ferrell, Hickory, for respondent/intervenor appellants Association of Unincorporated Citizens to Protect Belview Mountain, Ollie Cox, and Faye Williams.

WYNN, Judge.

The North Carolina Department of Environment and Natural Resources ("DENR") and the North Carolina Mining Commission (collectively hereinafter "Respondents"), together with the Appalachian Trail Conference, the National Parks Conservation Association, the Unincorporated Association of Citizens to Protect Belview Mountain, Ollie Cox and Faye Williams (collectively hereinafter "Respondent-Intervenors") appeal from an order of the trial court reversing a...

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