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DELLINGER v. LINCOLN COUNTY

No. 321P19.

840 S.E.2d 778 (2020)

Gary DELLINGER, Virginia Dellinger and Timothy S. Dellinger, v. LINCOLN COUNTY, Lincoln County Board of Commissioners, and Strata Solar, LLC, and Mark Morgan, Bridgette Morgan, Timothy Mooney, Nadine Mooney, Andrew Schott, Wendy Schott, Robert Bonner, Michelle Bonner, Jeffrey Delc, Lisa DeLuca, Martha McLean, Charleen Montgomery, Robert Montgomery, David Ward, Intervenors.

Supreme Court of North Carolina.

April 29, 2020.

Attorney(s) appearing for the Case

Forrest A. Ferrell , Attorney at Law, For Dellinger, Gary, et al.

Wesley L. Deaton , Attorney at Law, For Lincoln County, et al.

James E. Scarbrough , Attorney at Law, For Morgan, Mark, et al.

Jason White , Attorney at Law, For Dellinger, Gary, et al.

ORDER

Intervenors' petition for discretionary review is decided as follows: The Court allows the Intervenors' petition for discretionary review for the limited purpose of remanding this case to the Court of Appeals for further consideration in light of this Court's decision in PHG Asheville, LLC v. City of Asheville, ___ N.C. ___, 839 S.E.2d 755 (2020). Intervenors' Petition for Writ of Supersedeas is allowed.

By Order of the Court in Conference, this 29th...

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