The decision of the Court of Appeals is reversed, and this case is remanded to that court for reconsideration in light of Dogwood Development & Management Co. v. White Oak Transport Co., ___ N.C. ___, 657 S.E.2d 361, 2008 WL 612791 (2008), and State v. Hart, 361 N.C. 309, 644 S.E.2d 201 (2007).

REVERSED AND REMANDED.