Nies v. Town of Emerald Isle, 784 S.E.2d 171 (2016)

April 13, 2016 · Supreme Court of North Carolina · No. 409PA15.

784 S.E.2d 171

Gregory P. NIES and Diane S. Nies
v.
TOWN OF EMERALD ISLE, a North Carolina Municipality.

No. 409PA15.

Supreme Court of North Carolina.

April 13, 2016.

J. David Breemer, for Nies, Gregory P., et al.

Keith P. Anthony, Durham, for Nies, Gregory P., et al.

Brian E. Edes, Wilmington, for Town of Emerald Isle.

Norwood P. Blanchard, III, for Town of Emerald Isle.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Plaintiffs on the 9th of December 2015 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 Defendant, 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 13th of April 2016."

Upon consideration of the petition filed on the 9th of December 2015 by Plaintiffs 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:

"Allowed by order of the Court in conference, this the 13th of April 2016."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).