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HOME BUILDERS ASSOCIATION OF FAYETTEVILLE NORTH CAROLINA, INC. v. CITY OF FAYETTEVILLE

No. 343P04.

600 S.E.2d 860 (2004)

HOME BUILDERS ASSOCIATION OF FAYETTEVILLE NORTH CAROLINA, INC., James Edward Graves, Jim Graves & Associates, Inc., John McNatt Gillis, Gillis Development Corporation, Inc., Charles A. Gore, Gore Built Homes, Inc., Edgar Clay Bullard, Regal Industries, Inc., Watson G. Caviness, Caviness & Cates Building and Development Company, Ralph D. Huff, III, H & H Constructors, Inc., George Armstrong, CRA Home Builders, Inc., Harold Kidd, Kidd Construction Co., Inc., Lawrence Wayne Hardin, Hardin Builders, Inc., Jackie Hairr, HCC Investments, LLC, Mike Howard, Howard Builders LLC, Ronald W. Smith, R.W.S. General Builders, LLC, Thomas L. Bradford, Elmwood Partners, LLC., Tami Schaller, v. CITY OF FAYETTEVILLE.

Supreme Court of North Carolina.

July 13, 2004.

Attorney(s) appearing for the Case

Robert E. Hornick, Jr., for Kegley, et al.

Karen M. McDonald, City Attorney, Anthony Fox, Charlotte, C. Wes Hodges, II, Wilmington, for City of Fayetteville.

ORDER

This Court allowed a temporary stay in this case on 12 July 2004. As to the other motions filed in the cause, the Court orders as follows:

Petitioners' Petition for Writ of Supersedeas is allowed. The portion of Judge Locklear's Order of 28 June 2004 that provides that "neither [petitioners'] Petition or Amended Petition, nor any other aspect of this proceeding, shall modify the June 30, 2004 effective...

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