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  5. 852 S.E.2d 69 (2020)
 

ASHE COUNTY v. ASHE COUNTY PLANNING BD.

No. 249PA19.

852 S.E.2d 69 (2020)

ASHE COUNTY, North Carolina v. ASHE COUNTY PLANNING BOARD and Appalachian Materials, LLC.

Supreme Court of North Carolina.

Filed December 18, 2020.

Attorney(s) appearing for the Case

Womble Bond Dickinson (US) LLP, Raleigh, by Amy C. O'Neal and John C. Cooke , for petitioner-appellant.

Moffatt & Moffatt, PLLC, Boone, by Tyler R. Moffatt , for respondent-appellee Appalachian Materials, LLC.

No brief for respondent-appellee Ashe County Planning Board.

Law Offices of F. Bryan Brice, Jr., by F. Bryan Brice, Jr. , Raleigh, and David E. Sloan , for Blue Ridge Environmental Defense League and its chapter, Protect Our Fresh Air, amicus curiae.

Teague Campbell Dennis & Gorham, LLP, Raleigh, by Natalia K. Isenberg , for the North Carolina Association of County Commissioners, amicus curiae.

This case involves a dispute between petitioner Ashe County Board of Commissioners (Ashe County) and respondents Ashe County Planning Board and Appalachian Materials, LLC, arising from Appalachian Materials' application for the issuance of a permit pursuant to Ashe County's Polluting Industries Development Ordinance authorizing Appalachian...

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