STATE EX REL. LEE v. PENLAND-BAILEY CO., INC.

No. 8024SC580.

274 S.E.2d 348 (1981)

STATE of North Carolina ex rel. Howard N. LEE, Secretary, Department of Natural Resources and Community Development v. PENLAND-BAILEY COMPANY, INC.

Court of Appeals of North Carolina.

February 3, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Attys. Gen. James L. Stuart and Daniel C. Oakley, Raleigh, for plaintiff-appellant.

Hise & Harrison by Lloyd Hise, Jr., Spruce Pine, for defendant-appellee.


HARRY C. MARTIN, Judge.

Defendant, in its motion for summary judgment and by argument and brief in this Court, rests its case solely upon the premise that the "land-disturbing activity" on defendant's property happened before the effective date of the Sedimentation Pollution Control Act, and therefore the act is not applicable to the facts of this case. Defendant argues that applying the act to the facts of this case would constitute an unlawful retroactive application...

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