Volume: 335 Advance Sheet#: 1 DISPOSITION OF PETITIONS FOR DISCRETIONARY REVIEW UNDER G.S. 7A-31K FOR CASES FILED NOVEMBER 5 1993 APAC-CAROLINA, INC. v. GREENSBORO-HIGH POINT AIRPORT AUTHORITY No. 325P93 Case below: 110 N.C.App. 664 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 4 November 1993. BROWN v. TOWN OF RICHLANDS No. 321P93 Case below: 110 N.C.App. 314 Petition by John I. Brown and Lewis Shaw for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 7 October 1993. CHERRY v. HARRIS No. 274P93 Case below: 110 N.C.App. 478 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. CONSIDINE v. WEST POINT DAIRY PRODUCTS No. 367P93 Case below: 111 N.C.App. 427 Motion by defendant to dismiss the appeal for lack of substantial constitutional question allowed 4 November 1993. Petition by plaintiff for discretionary review pursuant G.S. 7A-31 denied 4 November 1993. CROMER v. WAYNE POULTRY No. 347P93 Case below: 111 N.C.App. 265 Petition by plaintiff for discretionary review pursuant G.S. 7A-31 denied 7 October 1993. EDWARDS v. EDWARDS No. 360P93 Case below: 110 N.C.App. 1 Petition by defendant for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 7 October 1993. FOGLEMAN v. D & J EQUIPMENT RENTALS No. 351P93 Case below: 111 N.C.App. 228 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. FULTON CORP. v. JUSTUS No. 305A93 Case below: 110 N.C.App. 493 Motion by plaintiff to dismiss defendant's appeal for lack of substantial constitutional question denied 7 October 1993. Motion by defendant to dismiss plaintiff's appeal for lack of substantial constitutional question denied 7 October 1993. Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 allowed 7 October 1993. GARRETT v. FLAUTT PROPERTIES No. 228P93 Case below: 110 N.C.App. 314 Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. GILBERT v. GREAT AMERICAN INS. CO. No. 313P93 Case below: 110 N.C.App. 869 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 4 November 1993. HAYES v. TOWN OF WAYNESVILLE No. 219P93 Case below: 109 N.C.App. 696 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 18 October 1993. HEDRICK v. NATIONWIDE MUT. FIRE INS. CO. No. 389P93 Case below: 111 N.C.App. 690 Petition by defendant (Nationwide) for discretionary review pursuant to G.S. 7A-31 denied 4 November 1993. HODGE v. ADAM'S MARK HOTEL No. 162P93 Case below: 109 N.C.App. 134 Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. IN RE COLEY No. 338A93 Case below: 111 N.C.App. 451 Motion by Attorney General to dismiss respondent's appeal for lack of substantial constitutional question allowed 7 October 1993. IN RE HAYES No. 336A93 Case below: 111 N.C.App. 384 Motion by Attorney General to dismiss respondent's appeal for lack of substantial constitutional question allowed 7 October 1993. IN RE JOYNER No. 337A93 Case below: 111 N.C.App. 454 Motion by Attorney General to dismiss respondent's appeal for lack of substantial constitutional question allowed 7 October 1993. IN RE McCOLLOUGH v. N.C. STATE BD. OF DENTAL EXAMINERS No. 349P93 Case below: 111 N.C.App. 187 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. IN RE ROCK-OLA CAFE No. 383PA93 Case below: 111 N.C.App. 683 Petition by Secretary of Revenue for discretionary review pursuant to G.S. 7A-31 allowed 4 November 1993. IN RE SCOTT No. 339A93 Case below: 111 N.C.App. 453 Motion by Attorney General to dismiss respondent's appeal for lack of substantial constitutional question allowed 7 October 1993. IN RE STATE EX REL. EMPLOYMENT SECURITY COMM. v. HOPKINS No. 374P93 Case below: 111 N.C.App. 437 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 4 November 1993. IN RE TILLMAN No. 196P93 Case below: 109 N.C.App. 696 Motion by Durham County DSS to dismiss appeal by Gunetta Tillman for lack of substantial constitutional question allowed 7 October 1993. Petition by Gunetta Tillman for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. INTERSTATE CASUALTY INS. CO. v. INTERSTATE INSURORS, INC. No. 322P93 Case below: 110 N.C.App. 870 Petition by defendant (Jennie H. Shackelford) for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. IVEY v. PUROLATOR PRODUCTS, INC. No. 341P93 Case below: 111 N.C.App. 456 Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. JONES v. HUGHES No. 248P93 Case below: 110 N.C.App. 262 Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. KAPLAN v. PROLIFE ACTION LEAGUE OF GREENSBORO No. 350P93 Case below: 111 N.C.App. 1 Motion by plaintiffs to dismiss defendants' appeal for lack of substantial constitutional question allowed 7 October 1993. Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. LASSITER v. FAISON No. 333P93 Case below: 111 N.C.App. 206 Petition by Integon General Insurance Corporation for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. MACO HOMES, INC. v. CHARLOTTE ZONING BD. OF ADJUSTMENT No. 385P93 Case below: 111 N.C.App. 929 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 4 November 1993. McDONALD'S CORP. v. DWYER No. 355PA93 Case below: 111 N.C.App. 127 Motion by defendant Dwyer to dismiss appeal by plaintiff McDonald's for lack of substantial constitutional question denied 4 November 1993. Petition by plaintiff McDonald's for discretionary review pursuant to G.S. 7A-31 allowed 4 November 1993. Petition by Attorney General for discretionary review pursuant to G.S. 7A-31 allowed 4 November 1993. MINTER v. MINTER No. 371P93 Case below: 111 N.C.App. 321 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 4 November 1993. MURPHY v. GLAFENHEIN No. 329P93 Case below: 110 N.C.App. 830 Motion by defendant Glafenhein to dismiss appeal by defendant Manning for lack of substantial constitutional question allowed 7 October 1993. Petition by defendant Manning for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. Petition by defendant Glafenhein for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. RHYNE v. VELSICOL CHEMICAL CORP. No. 317PA93 Case below: 110 N.C.App. 870 Petition by plaintiff for discretionary review prusuant to G.S. 7A-31 allowed 7 October 1993. RICHARDSON CORP. v. BARCLAYS AMERICAN/MORTGAGE CORP. No. 363P93 Case below: 111 N.C.App. 432 Petition by defendant (Barclays American/Mortgage Corporation) for discretionary review prusuant to G.S. 7A-31 denied 4 November 1993. SCOTT v. EASTERN TURF EQUIPMENT, INC. No. 376P93 Case below: 111 N.C.App. 456 Petition by plaintiff for discretionary review prusuant to G.S. 7A-31 denied 4 November 1993. SMITH v. SMITH No. 388A93 Case below: 111 N.C.App. 460 Petition by defendant for discretionary review prusuant to G.S. 7A-31 and Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion denied 4 November 1993. STATE v. BOONE No. 382P93 Case below: 111 N.C.App. 690 Motion by Attorney General to dismiss defendant's appeal for lack of substantial constitutional question allowed 4 November 1993. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 4 November 1993. STATE v. BROOKS No. 356PA93 Case below: 111 N.C.App. 558 Petition by Attorney General for discretionary review pursuant to G.S. 7A-31 allowed 4 November 1993. STATE v. BRUEHL No. 369P93 Case below: 111 N.C.App. 267 Petition by defendant for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 4 November 1993. STATE v. FORESTER No. 302PA93 Case below: 111 N.C.App. 267 Petition by Attorney General for discretionary review pursuant to G.S. 7A-31 denied 7 November 1993. Petition by defendant (Forester) for discretionary review pursuant to G.S. 7A-31 denied 7 November 1993. STATE v. GRAY No. 198P93 Case below: 109 N.C.App. 698 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. STATE v. HORTON No. 451P93 Case below: 106 N.C.App. 706 Notice of appeal filed by defendant pursuant to G.S. 7A-30 dismissed 4 November 1993. STATE v. KNOX No. 352P93 Case below: 111 N.C.App. 268 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. STATE v. McDOUGAL No. 348P93 Case below: 111 N.C.App. 268 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. STATE v. McKINNISH No. 251P93 Case below: 110 N.C.App. 241 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 7 October 1993. STATE v. RICHARDSON No. 402P93 Case below: 112 N.C.App. 252 Petition by Attorney General for temporary stay allowed 13 October 1993 pending consideration and determination of the State's petition for discretionary review. STATE v. SMITH No. 362P93 Case below: 111 N.C.App. 458 Motion by Attorney General to dismiss defendant's appeal for lack of substantial constitutional question allowed 7 October 1993. Petition by defendant for discretionary review prusuant to G.S. 7A-31 denied 7 October 1993. STATE v. WEBSTER No. 358A93 Case below: 111 N.C.App. 72 Motion by defendant for discretionary review pursuant to G.S. 7A-31 and Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion denied 4 November 1993. STATE v. WHITAKER No. 287P93 Case below: 109 N.C.App. 699 Petition by defendant for writ of certiorari to review the decision of the North Carolina of Appeals denied 7 October 1993. STATE v. WILLIAMS No. 245P93 Case below: 110 N.C.App. 306 Petition by Attorney General for discretionary review pursuant to G.S. 7A-31 denied 4 November 1993. STATE v. WITHERS No. 370P93 Case below: 111 N.C.App. 340 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 4 November 1993. STATE EX REL. ART MUSEUM BLDG. COMM. v. TRAVELERS INDEM. CO. No. 375A93 Case below: 111 N.C.App. 330 Petition by defendant for discretionary review pursuant to G.S. 7A-31 and Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion denied 4 November 1993. TOWN OF NEWTON GROVE v. SUTTON No. 366P93 Case below: 111 N.C.App. 376 Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 4 November 1993. WESTER v. KUHN No. 384P93 Case below: 111 N.C.App. 691 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 4 November 1993. YANDLE v. BROWN No. 259P93 Case below: 334 N.C. 626 110 N.C.App. 318 Petition by plaintiff for reconsideration of the petition to this Court for review of the decision of the North Carolina Court of Appeals dismissed 4 November 1993. PETITIONS TO REHEAR BD. OF ADJT. OF THE TOWN OF SWANSBORO v. TOWN OF SWANSBORO No. 16A93 Case below: 334 N.C. 421 Petition by plaintiff to rehear pursuant to Rule 31 denied 7 October 1993.