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Applewood Properties, LLC v. New South Properties, LLC

ELR Citation: 42 ELR 20070
Nos. COA11-353-2, (N.C. Ct. App., 03/20/2012)

A North Carolina appellate court held that the state's Sedimentation Pollution Control Act (SPCA) does not apply if there was no deposition of sediment to water. The owner of a golf course claimed that a construction company was liable under the SPCA for damages stemming from land-disturbing activities. But the land-disturbing activities did not cause or contribute to sedimentation. Because the preamble to the SPCA provides that sedimentation results from the erosion or depositing of materials into water, it is clear that a "land-disturbing activity" requires an element of deposition into a body of water. The court, therefore, upheld a lower court's dismissal of the SPCA claim.