
    NELLO L. TEER COMPANY v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.
    No. 128P06.
    Supreme Court of North Carolina.
    August 17, 2006.
    Fred Lamar, Special Deputy Attorney General, for N.C. Dept. of Transportation.
    Patrick A. Genzler, Norfolk, VA, Norman W. Shearin, Kitty Hawk, David P. Ferrell, Raleigh, for Nello L. Teer Co.
    ORDER
   Upon consideration of the petition filed on the 14th day of March 2006 by Defendant 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 and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 17th day of August 2006."  