For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.
REVERSED.
Cedar Greene, LLC v. City of Charlotte, 366 N.C. 504 (2013)
April 12, 2013
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Supreme Court of North Carolina
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No. 360A12
366 N.C. 504
CEDAR GREENE, LLC and O’LEARY GROUP WASTE SYSTEMS, LLC v. CITY OF CHARLOTTE
No. 360A12
(Filed 12 April 2013)
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals,-N.C. App.-, 731 S.E.2d 193 (2012), reversing a summary and declaratory judgment entered on 14 December 2011 by Judge H. William Constangy in Superior Court, Mecklenburg County, and remanding for further proceedings. Heard in the Supreme Court on 14 February 2013.
Robinson Bradshaw & Hinson, P.A., by Richard A. Vinroot, A. Ward McKeithen, and Matthew F. Tilley, for plaintiff-appellants.
Thomas E. Powers III, Assistant City Attorney, for defendantappellee.