All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.

VAN REYPEN ASSOCIATES, INC. d/b/a THE GIN MILL v. GERALD EUGENE TEETER, and GORDEN LEWIS d/b/a GORDEN'S EXCAVATING SERVICE

    On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 175 N.C. App. 535, 624 S.E.2d 401 (2006), affirming an order entered 29 April 2004 by Judge David S. Cayer and an order entered 4 August 2004 by Judge Robert C. Ervin, both in Superior Court, Mecklenburg County. Heard in the Supreme Court 20 November 2006.
     James, McElroy & Diehl, P.A., by Charles M. Viser, Preston O. Odom, III, and Fred P. Parker, IV, for plaintiff-appellant.

    Stiles Byrum & Horne, L.L.P., by Lane Matthews, for defendant-appellees.

    The Avery, P.C., by Isaac T. Avery, III, for North Carolina Association of Police Attorneys, and Kimberly N. Overton for North Carolina Conference of District Attorneys, amici curiae.

    Christopher G. Browning, Jr., Solicitor General; John F. Maddrey, Assistant Solicitor General; and Robert C. Montgomery and Hal F. Askins, Special Deputy Attorneys General, for Roy Cooper, Attorney General, amicus curiae.

    PER CURIAM.

    
    DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

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