BD. OF PHARMACY v. RULES REVIEW COM'N

No. COA04-929.

620 S.E.2d 893 (2005)

NORTH CAROLINA BOARD OF PHARMACY, Plaintiff, v. The RULES REVIEW COMMISSION, et al., Defendant.

Court of Appeals of North Carolina.

November 1, 2005.


Attorney(s) appearing for the Case

Bailey & Dixon, L.L.P., by Carson Carmichael, III, M. Denise Stanford, and Warren T. Savage, Raleigh, for plaintiff-appellant.

McMillan, Smith & Plyler, by William W. Plyler and Stephen T. Smith, Raleigh, for defendant-appellee.

Attorney General Roy Cooper, by Solicitor General Christopher G. Browning, Jr., and Special Deputy Attorney General Gary R. Govert, for defendant-intervenor-appellee.

Kennedy Covington Lobdell & Hickman, L.L.P., by Stanford D. Baird, William G. Scoggin, Ann M. Anderson, and Daniel J. Palmieri, for North Carolina Citizens for Business & Industry, North Carolina Home Builders Association, North Carolina Pork Council, Inc., North Carolina Retail Merchants Association, North Carolina Association of Realtors, Inc., and North Carolina Forestry Association, Raleigh, amici curiae.

Southern Environmental Law Center, by Donnell Van Noppen, III and Amy E. Pickle, for North Carolina Coastal Federation, North Carolina Shellfish Growers Association, Environmental Defense, and North Carolina Trout Unlimited, Chapel Hill, amici curiae.

Broughton Wilkins Sugg & Thompson, P.L.L.C., by Benjamin E. Thompson, III, for North Carolina Retail Merchants Association, Raleigh, amici curiae.


BRYANT, Judge.

The North Carolina Board of Pharmacy (plaintiff — Board of Pharmacy) appeals from two orders: (1) an order entered 6 February 2004, affirming the Rules Review Commission's1 (defendant—RRC) objection to adopting the proposed 21 NCAC 46.2506 (Rule.2506)2 and denying plaintiff's claims seeking...

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