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Home Builders Association of Fayetteville North Carolina, Inc. v. City of Fayetteville

Citations: 619 S.E.2d 506; 359 N.C. 851; 2005 N.C. LEXIS 1214Docket: No. 366P05.

Court: Supreme Court of North Carolina; August 18, 2005; North Carolina; State Supreme Court

Narrative Opinion Summary

The petition filed by the Plaintiffs on July 12, 2005, for discretionary review of a decision made by the North Carolina Court of Appeals was considered. The Court, in a conference, denied the petition on August 18, 2005. Justice Brady recused himself from the proceedings. The order is certified to the North Carolina Court of Appeals.

Legal Issues Addressed

Certification of Orders

Application: The order denying the petition was certified to the North Carolina Court of Appeals.

Reasoning: The order is certified to the North Carolina Court of Appeals.

Discretionary Review by Supreme Court

Application: The Supreme Court considered and ultimately denied the petition for discretionary review of a decision from the North Carolina Court of Appeals.

Reasoning: The petition filed by the Plaintiffs on July 12, 2005, for discretionary review of a decision made by the North Carolina Court of Appeals was considered. The Court, in a conference, denied the petition on August 18, 2005.

Judicial Recusal

Application: Justice Brady did not participate in the proceedings, indicating a recusal from the case.

Reasoning: Justice Brady recused himself from the proceedings.