OCEAN HILL JOINT VENTURE v. DEHNR

No. 77PA92.

426 S.E.2d 274 (1993)

333 N.C. 318

OCEAN HILL JOINT VENTURE v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES, an agency of the State of North Carolina and William W. Cobey, Jr., Secretary of the North Carolina Department of Environment, Health and Natural Resources.

Supreme Court of North Carolina.

February 12, 1993.


Attorney(s) appearing for the Case

Hornthal, Riley, Ellis & Maland by M.H. Hood Ellis, Elizabeth City, for petitioner-appellee.

Lacy H. Thornburg, Atty. Gen. by Daniel F. McLawhorn and Kathryn Jones Cooper, Sp. Deputy Attys. Gen., Raleigh, for respondent-appellants.


FRYE, Justice.

This case presents two issues for our review. First, does N.C.G.S. § 1-54(2), a one-year statute of limitations, apply to the administrative assessment of civil penalties pursuant to N.C.G.S. § 113A-64(a)? Second, if N.C.G.S. § 1-54(2) is applicable, does it bar the assessment of civil penalties more than one year after the date of the last event giving rise to the penalty? Because we conclude that N.C.G.S. § 1-54(2) is not applicable...

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