The plaintiff's Petition for Discretionary Review is allowed for the limited purpose of remanding this case to the Court of Appeals for reconsideration of its decision in light of Robins v. Town of Hillsborough, 361 N.C. 193, 639 S.E.2d 421 (2007). The defendant's Conditional Petition for Discretionary Review is dismissed as moot.

By order of the Court in Conference, this 23rd day of August, 2007.