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CLARK STONE COMPANY, INC. v. N.C. DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES, DIV. OF LAND RESOURCES

No. 273P04.

603 S.E.2d 878 (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.

Supreme Court of North Carolina.

August 12, 2004.

Attorney(s) appearing for the Case

Harold W. Berry, Jr., A. Bartlett White, Tina Frazier Pace, Raleigh, for Clark Stone Company.

James C. Gulick, Senior Deputy Attorney General, Jennie Wilhelm Mau, Assistant Attorney General, for State.

Donnell Van Noppen, III, Daniel S. Hirschman, Forrest A. Ferrell, Hickory, for Appalachian Trail Conference et al.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Petitioner on the 7th day of June 2004 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Respondent/Intervenors, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order...

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