Narrative Opinion Summary
Petition for a writ of supersedeas and temporary stay filed by the Department of Natural Resources was denied on 1 December 1988. However, a subsequent petition for discretionary review concerning additional issues was allowed on 5 December 1988, as per G.S. 7A-31 and App. Rule 16(b). On 8 December 1988, the motion for reconsideration of the petition for writ of supersedeas by the Attorney General was granted, and the supersedeas was allowed.
Legal Issues Addressed
Denial of Petition for Writ of Supersedeassubscribe to see similar legal issues
Application: The Department of Natural Resources' initial petition for a writ of supersedeas and temporary stay was denied.
Reasoning: Petition for a writ of supersedeas and temporary stay filed by the Department of Natural Resources was denied on 1 December 1988.
Grant of Discretionary Reviewsubscribe to see similar legal issues
Application: The court allowed a petition for discretionary review concerning additional issues soon after the denial of the writ of supersedeas.
Reasoning: However, a subsequent petition for discretionary review concerning additional issues was allowed on 5 December 1988, as per G.S. 7A-31 and App. Rule 16(b).
Reconsideration and Allowance of Supersedeassubscribe to see similar legal issues
Application: Upon reconsideration, the Attorney General's motion resulted in the allowance of the supersedeas.
Reasoning: On 8 December 1988, the motion for reconsideration of the petition for writ of supersedeas by the Attorney General was granted, and the supersedeas was allowed.