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CHESAPEAKE MICROFILM, INC. v. N.C. DEPT. OF ENV.

No. 9221SC162.

434 S.E.2d 218 (1993)

CHESAPEAKE MICROFILM, INC., v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES.

Court of Appeals of North Carolina.

September 7, 1993.

Attorney(s) appearing for the Case

Moore and Brown by B. Ervin Brown II and David B. Puryear, Jr., Winston-Salem, for petitioner-appellee.

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Francis W. Crawley, Raleigh, for respondent-appellant.

COZORT, Judge.

Respondent Department appeals from a judgment by the superior court (1) vacating an order of the North Carolina Environmental Management Commission (Commission) imposing a $30,862.22 penalty against petitioner Chesapeake for violations of N.C.Gen.Stat. § 143-215.1(a)(2) (1987) and (2) remanding the cause to the Commission for imposition of a penalty not to exceed $862.22, the cost of the investigation. We reverse and remand for reinstatement of...

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