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ASHE COUNTY v. ASHE COUNTY PLANNING BD.

No. COA18-253-2.

876 S.E.2d 687 (2022)

2022-NCCOA-516

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

Court of Appeals of North Carolina.

Filed August 2, 2022.

Attorney(s) appearing for the Case

Womble Bond Dickinson (US) LLP, by Amy O'Neal and John C. Cooke , Raleigh, 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., and David E. Sloan , for Blue Ridge Environmental Defense League and 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.

¶ 1 A panel of this Court issued an opinion in this case on 21 May 2019, affirming the order of the trial court. Ashe Cnty. v. Ashe Cnty. Plan. Bd., 265 N.C. App. 384, 394, 829 S.E.2d 224, 231 (2019) ("Ashe Cnty. I"), rev'd in part, 376 N.C. 1, 852 S.E.2d 69 (2020). On 18 December 2020, our Supreme Court...

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