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STATE EX REL. COBEY v. SIMPSON

No. 56PA92.

423 S.E.2d 759 (1992)

333 N.C. 81

STATE of North Carolina, ex rel. William W. COBEY, Jr., Secretary Department of Environment, Health and Natural Resources v. Vivian Anne SIMPSON.

Supreme Court of North Carolina.

December 18, 1992.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by J. Allen Jernigan and Daniel F. McLawhorn, Sp. Deputy Attys. Gen., Raleigh, for State-appellant.

Bennett, McConkey, Thompson & Marquardt, P.A. by Thomas S. Bennett, Morehead City, for defendant-appellee.

Conservation Council of North Carolina by John D. Runkle, Gen. Counsel, Chapel Hill, amicus curiae.

WHICHARD, Justice.

The issue is whether defendant must remove fill material which she caused to be deposited in coastal wetlands, a retaining wall and an addition to an existing bulkhead containing the fill material, which she also caused to be constructed in violation of the Coastal Area Management Act of 1974 ("CAMA"), N.C.G.S. §§ 113A-100 to -128 (1989 & Supp.1992), and the Dredge and Fill Act of 1969 ("DFA"), N.C.G.S. § 113-229 (1990). The trial...

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