I STATE OF NORTH CAROLINA GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BUNCOMBE COUNTY 12-CVS-03029 . . THE INSTITUTE FOR SOUTHERN STUDIES, INC., d/b/a CAROLINA PUBLIC GANNETT PACIFIC CORPORATION d/b/a ASHEVILLE GREEN LINE MEDIA, INC. d/b/a MOUNTAIN GJ U1 WESTERN NORTH CAROLINA PUBLIC RADIO, INC. d/b/a and SINCLAIR ORDERQ gr;] gg BROADCAST GROUP, INC., d/b/a WLOS-CITY OF ASHEVILLE and BUNCONIBE - COUNTY DISTRICT OFFICE, Defendants - This matter came before the Court on September 4, 2012, for a hearing on the PlaintiEs' Verified Complaint and Application for Order Compelling Disclosure of Public Records ("Application") and the Motion To Dismiss in the City's Answer to the Application. The Plaintifs were represented by Charles Coble, Esq., the City of Asheville was represented by - Anthony Fox, Esq. and Robert W. Oast, Jr., Esq., and the Buncombe County District Attorney's . was represented by Ronald K. Payne, Esq. - The Plaintiffs initiated this action on June 25, 2012 by filing their Application pursuant to N.C. Gen. Stat. 132-9, and they noticed a hearing on the merits of their Application for September 4, 2012. on August 28, 2012, the City served its Answer, in which it moved to dismiss the Application because it failed to state a claim against the City on which relief can be granted. In addition to their Application, the Plaintiffs tiled and served an affidavit supporting their Application, and the City Hled and served two affidavits in opposition. PPAB 2000301vl Alter considering the pleadings and affidavits, as well as the Plaintiffs' brief and the arguments of counsel, the Court rules that the Plainti&`s' claims against the City should be dismissed with prejudice. IT IS THEREFORE ORDERED that all of the PlaintiiTs' claims against the City of Asheville are dismissed with prejudice. IT IS FURTHER ORDERED that the City's request for attomeys' fees is denied. Thisthe dayof ,2012. Hon. Bradley Letts Superior Co udge Presiding . - 2 I