690 S.E.2d 705 (2010)
Robert MURDOCK, Jr., Beverly Murdock, David W. Keesee, Susan H. Keesee, Elaine J. Foster, and James Foster, Plaintiffs
No. 351P09.
Robert MURDOCK, Jr., Beverly Murdock, David W. Keesee, Susan H. Keesee, Elaine J. Foster, and James Foster, Plaintiffs
v.
CHATHAM COUNTY, a North Carolina County and a Body Corporate and Politic, and its Members in their Official Capacities: Bunkey Morgan, Tommy Emerson, Patrick Barnes, Michael Cross, and Carl H. Outz, The Chatham County Board of Adjustment and the Members Thereof in their Official Capacities: Carl E. Thompson, George Lucier, Patrick Barnes, Allen Michael Cross, and Tom Vanderbeck, Defendants
v.
Lee-Moore Oil Company, Intervenor-Respondent.
No. 351P09.
Supreme Court of North Carolina.
January 28, 2010.James G. Exum, Greensboro, for Lee-Moore Oil Company.
J. Dickson Phillips, III, Nathaniel C. Smith, Robert E. Hornik, Jr., Chapel Hill, for Murdock, et al.
Prior report: ___ N.C.App. ___, 679 S.E.2d 850.
ORDER
Upon consideration of the petition filed on the 25th of August 2009 by Intervenor Respondent (Lee-Moore Oil Co.) 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 *706 and is hereby certified to the North Carolina Court of Appeals:
"Denied by order of the Court in conference, this the 28th of January 2010."