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FABRIKANT v. CURRITUCK COUNTY

No. 112P04.

597 S.E.2d 129 (2004)

Marvin FABRIKANT and wife, Patricia A. Fabrikant, MPF Investment Company, L.P., Arthur C. Smith III, and Arthur C. Smith III Revocable Trust v. CURRITUCK COUNTY, a North Carolina body politic and corporate, Corolla Associates, a Virginia limited partnership, Whalehead Associates, a Virginia limited partnership, His Whalehead, a Virginia limited partnership, Gerald J. Friedman, Whalehead Properties, a Virginia joint venture, Nancy Friedman, Estate of Samuel N. Riggs, deceased, James H. Kabler, Isador S. Schwartze, Estate of Samuel Sandler, deceased, Harry Sandler, State of North Carolina, North Carolina Department of Environment and Natural Resources, Coastal Resources Commission, Division of Coastal Management, and Donna D. Moffitt, as Director of the Division of Coastal Management.

Supreme Court of North Carolina.

May 6, 2004.

Attorney(s) appearing for the Case

Sid Hassell, Washington, J. Bryan Plumlee, Wadesboro, David J. Bederman, Professor, for Fabrikant et al.

Ronald Marquette, J. Allen Jernigan, Special Deputy Attorney Generals, Meredith A. Alcoke, Marc D. Bernstein, Assistant Attorney Generals, for State.

ORDER

Upon consideration of the petition filed by Plaintiffs on the 11th day of March 2004 in this matter for discretionary review under G.S. 7A-31 prior to a determination by the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 6th day...

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