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CROWELL CONSTRUCTORS v. STATE EX REL. COBEY

No. 8912SC1057.

393 S.E.2d 312 (1990)

99 N.C. App. 431

CROWELL CONSTRUCTORS, INC. v. STATE of North Carolina, ex rel. William W. COBEY, Jr. Secretary, Department of Environment, Health and Natural Resources.

Court of Appeals of North Carolina.

July 17, 1990.

Attorney(s) appearing for the Case

McCoy, Weaver, Wiggins, Cleveland & Raper by Richard M. Wiggins and Kimbrell Kelly Tucker, Fayetteville, for petitioner appellee.

Attorney General Lacy H. Thornburg by Asst. Atty. Gen. J. Mark Payne, Raleigh, for respondent appellant.

ARNOLD, Judge.

Evidence in the record indicates the following facts: Crowell Constructors, Inc. ("Crowell") is a North Carolina corporation doing business in the state. Sometime in 1978 or 1979 Crowell purchased a thirty-six acre tract of land located in Moore County. Between 1952 and 1960, Cumberland Sand and Gravel Corporation operated a sand and gravel pit on the property. Cumberland Sand and Gravel ceased operations in 1960, leaving as by-product on the site stockpiles...

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