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RURAL EMPOWERMENT ASS'N v. STATE

No. COA21-175.

868 S.E.2d 645 (2021)

2021-NCCOA-693

RURAL EMPOWERMENT ASSOCIATION FOR COMMUNITY HELP, et al., Plaintiffs, v. STATE of North Carolina, et al., Defendants.

Court of Appeals of North Carolina.

Filed December 21, 2021.

Attorney(s) appearing for the Case

Lawyers' Committee for Civil Rights Under Law, by Elizabeth Haddix , Pittsboro, and Mark Dorosin , and Patterson Harkavy LLP, by Burton Craige , Narendra K. Ghosh , Raleigh, and Christopher A. Brook , for plaintiffs-appellants.

Attorney General Joshua H. Stein , by Special Deputy Attorney General Matthew Tulchin and Assistant Attorney General Kenzie M. Rakes , for the State.

Phelps Dunbar LLP, by Nathan A. Huff , Jared M. Burtner , Raleigh, W. Thomas Siler , admitted pro hac vice, and Nicholas Morisani admitted pro hac vice, for defendants-appellees Timothy K. Moore and Philip E. Berger.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., Raleigh, by Christopher G. Smith , and David R. Ortiz , and Phillip Jacob Parker, Jr. , Secretary & General Counsel North Carolina Farm Bureau Federation, Inc., for defendants-appellants North Carolina Farm Bureau Federation, Inc.

Southern Environmental Law Center, by Blakely E. Hildebrand , Alex J. Hardee , and Chandra T. Taylor , for Environmental Justice Community Action Network, amicus curiae.

Zaytoun Ballew & Taylor, PLLC, Raleigh, by Matthew D. Ballew , for North Carolina Advocates for Justice, amicus curiae.

Tien K. Cheng and Christopher R. McLennan , Raleigh, for North Carolina Department of Agriculture and Consumer Services, amicus curiae.

¶ 1 Rural Empowerment Association for Community Help, North Carolina Environmental Justice Community Action Network, and Waterkeeper Alliance (collectively "Plaintiffs") appeal from an order of a superior court three-judge panel, which granted Defendants' motion to dismiss in favor...

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