SMITH CHAPEL BAPTIST v. CITY OF DURHAM

No. 250PA97.

517 S.E.2d 874 (1999)

350 N.C. 822

SMITH CHAPEL BAPTIST CHURCH; Fellowship Baptist Church, Inc.; Layman's Chapel Baptist Church; and Calvary Baptist Church of Durham, North Carolina v. CITY OF DURHAM, a North Carolina Municipal Corporation.

Supreme Court of North Carolina.

August 20, 1999.


Attorney(s) appearing for the Case

Stam, Fordham & Danchi, P.A., by Paul Stam, Jr., and Henry C. Fordham, Jr., Apex, for plaintiff-appellants.

Office of the City Attorney, by Karen A. Sindelar, Assistant City Attorney, for defendant-appellee.

Hunton & Williams, by Charles D. Case; and J. Michael Carpenter, General Counsel, North Carolina Home Builders Association, Raleigh, on behalf of North Carolina Citizens for Business and Industry, North Carolina Pork Council, North Carolina Aggregates Association, and North Carolina Home Builders Association, amici curiae.

Ward and Smith, P.A., by Frank H. Sheffield, Jr., New Bern, on behalf of Chatham County Agribusiness Council, amicus curiae.

North Carolina Farm Bureau Federation, by H. Julian Philpott, Jr., General Counsel, and Stephen A. Woodson, Associate General Counsel, Raleigh, amicus curiae.

North Carolina League of Municipalities, by Gregory F. Schwitzgebel III, Assistant General Counsel, Raleigh, amicus curiae.

City of Charlotte, N.C., by Robert E. Hagemann and Judith A. Starrett, Assistant City Attorneys; and Mecklenburg County, N.C., by Marvin A. Bethune, County Attorney, Charlotte, amici curiae.

Cumberland County, N.C., by Garris Neil Yarborough, County Attorney, Grainger R. Barrett, Senior Staff Attorney, and Karen Musgrave, Staff Attorney; and City of Fayetteville, N.C., by Robert Cogswell, Fayetteville, City Attorney, amici curiae.

Michael F. Easley, Attorney General, by Daniel C. Oakley, Senior Deputy Attorney General, and Jennie Wilhelm Mau, Assistant Attorney General, on behalf of North Carolina Department of Environment and Natural Resources, amicus curiae.


WAINWRIGHT, Justice.

Stormwater runoff is rain or snowmelt that does not evaporate or penetrate the ground and is collected by storm drains that transport it to receiving waters.

In 1987, the United States Congress enacted an amendment to the Clean Water Act of 1972 (CWA) known as the Water Quality Act (WQA). See Water Quality Act of 1987, Pub.L. No. 100-4, 101 Stat. 7 (1987). The WQA represented the first major revision of the CWA since 1977, "clarifying...

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