662 S.E.2d 900 (2008)
TEAGUE
No. 281P06-5.
TEAGUE
v.
NCDOT et al.
No. 281P06-5.
Supreme Court of North Carolina.
June 9, 2008.Tina Krasner, Assistant Attorney General, for NCDOT.
C. Colon Willoughby, Jr., District Attorney, for State.
Prior report: 177 N.C.App. 215, 628 S.E.2d 395.
The following order has been entered on the motion filed on the 9th day of June 2008 by Petitioner Temporary Stay:
"Motion Denied by order of the Court in conference this the 9th day of June 2008."
EDMUNDS, J., recused.