CLARK STONE COMPANY, INC. v. NC DEPARTMENT OF ENVIRONMENT & …, 603 S.E.2d 878 (2004)

Aug. 12, 2004 · Supreme Court of North Carolina · No. 273P04.

603 S.E.2d 878

CLARK STONE COMPANY, INC., Petitioner,
v.
N.C. DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES, DIV. OF LAND RESOURCES and NORTH CAROLINA MINING COMMISSION, Respondents,
Appalachian Trail Conference National Parks Conservation Association; Unincorporated Association of Citizens to Protect Belview Mountain; Ollie Cox; and Faye Williams, Respondent/Intervenors.

No. 273P04.

Supreme Court of North Carolina.

August 12, 2004.

Harold W. Berry, Jr., A. Bartlett White, Tina Frazier Pace, Raleigh, for Clark Stone Company.

James C. Gulick, Senior Deputy Attorney General, Jennie Wilhelm Mau, Assistant Attorney General, for State.

Donnell Van Noppen, III, Daniel S. Hirschman, Forrest A. Ferrell, Hickory, for Appalachian Trail Conference et al.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Petitioner on the 7th day of June 2004 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Respondent/Intervenors, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 12th day of August 2004."

Upon consideration of the petition filed on the 7th day of June 2004 by Petitioner in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 12th day of August 2004."