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OCEAN HILL JOINT VENTURE v. CURRITUCK COUNTY BOARD OF COMMISSIONERS

No. 382PA06.

636 S.E.2d 808 (2006)

OCEAN HILL JOINT VENTURE, Ocean Hill Properties, Inc.; the Villages at Ocean Hill Community Association, Inc.; Ernest Wood & wife, Jane Wood; Richard Gonzalez & wife, Debra Gonzalez; Rosalee Chiara; Robert Ramirez & wife, Janice Serino; Gary Robinson & wife, Susan Robinson; Daniel Hunt & wife, Cathy Hunt; Barry Heyman & wife, Ellen Heyman; Stephen Daimler & wife, Carol Daimler; David Bova & wife, Carrie Bova v. THE CURRITUCK COUNTY BOARD OF COMMISSIONERS, and Ocean Hill I Property Owners Association, Inc.

Supreme Court of North Carolina, First District.

October 5, 2006.

Attorney(s) appearing for the Case

John R. Wester, Jonathan C. Krisko, Charlotte, Thomas P. Nash, IV, Elizabeth City, for Ocean Hill I Prop. Owners Asso.

C. Everett Thompson, II, Elizabeth City, for Ocean Hill Joint Venture et al.

Katherine F. McKenzie, Raleigh, for Currituck County Bd. of Comm.

Paul A. Meyer, Assistant General Counsel, for NC Asso. of County Commissioners.

Andrew L. Romanet, Jr., General Counsel, Gregory F. Schwitzgebel, III, Senior Assistant General Counsel, for NC League of Municipalities.

AMENDED ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Respondents (Currituck County Board of Commissioners and Ocean Hill I Property Owners Asso.) on the 24th day of July 2006 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 Petitioners (Ocean Hill Joint Venture), the following order was entered and is hereby certified...

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