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North Carolina

A.J. Lancaster v. North Carolina Dep't of Envtl. & Natural Resources

A North Carolina appeals court denied respondent agency’s appeal of a lower court's reversal of the agency's assessment of a civil penalty for petitioner's failure to meet certain requirements related to leaking underground storage...

Ellison v. Gambill Oil Co.

North Carolina's appellate court reversed and remanded a jury's award of $500,000 in compensatory and punitive damages to the owner of a well whose water was contaminated with gasoline due to leaking underground storage tanks at a...

Holly Ridge Assocs., Ltd. Liab. Co. v. North Carolina Dep't of Env't & Natural Resources

A court affirms a civil penalty assessed against a land developer for violating the North Carolina Sedimentation Pollution Control Act. The lower court properly rejected the developer's claim that its activities fell under the Act's...

Tri-County Paving, Inc. v. Ashe County

The court holds that a North Carolina county did not violate a company's due process or equal protection rights by not issuing the company a building permit for a proposed asphalt plant, by enacting a one-year moratorium on the building...

Ashley Park Charlotte Assocs. v. Charlotte, City of

The court holds that North Carolina's inverse condemnation statute preempts state commom-law claims of nuisance, trespass, and negligence, but does not preempt a statutory claim of strict liability asserted under the North Carolina Oil...

North Carolina v. Virginia Beach, City of

The court holds that acity may commence construction of portions of a water pipeline project that are not subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC) before the city obtains FERC approval of easements...