Opinion
No. 56PA14–2.
08-20-2015
Everette E. KIRBY and wife, Martha Kirby; Harris Triad Homes, Inc.; Michael Hendrix, as Executor of the Estate of Frances Hendrix; Darren Engelkemier; Ian Hutagalung; Sylvia Maendl; Stephen Stept; James W. Nelson and wife, Phyliss Nelson; and Republic Properties, LLC, a North Carolina company (Group 1 Plaintiffs) v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.
Matthew H. Bryant, Winston–Salem, for Kirby, Everette E., et al. Dahr Joseph Tanoury, Assistant Attorney General, for North Carolina Department of Transportation. John F. Oates, Jr., Assistant Attorney General, for North Carolina Department of Transportation. John F. Maddrey, Solicitor General, for North Carolina Department of Transportation. T. Paul Hendrick, Winston–Salem, for Kirby, Everette E., et al. Kenneth C. Otis, III, for Kirby, Everette E., et al.
Matthew H. Bryant, Winston–Salem, for Kirby, Everette E., et al.
Dahr Joseph Tanoury, Assistant Attorney General, for North Carolina Department of Transportation.
John F. Oates, Jr., Assistant Attorney General, for North Carolina Department of Transportation.
John F. Maddrey, Solicitor General, for North Carolina Department of Transportation.T. Paul Hendrick, Winston–Salem, for Kirby, Everette E., et al.
Kenneth C. Otis, III, for Kirby, Everette E., et al.
ORDER
Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendant–Appellant on the 24th of March 2015 in this matter pursuant to G.S. 7A–30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is
“Dismissed Ex Mero Motu by order of the Court in conference, this the 20th of August 2015.”
Upon consideration of the petition filed on the 24th of March 2015 by Defendant 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 20th of August 2015.”
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).