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CROWELL CONSTRUCTORS, INC. v. STATE EX REL. COBEY

No. 9212SC1267.

440 S.E.2d 848 (1994)

114 N.C. App. 75

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

Court of Appeals of North Carolina.

March 15, 1994.

Attorney(s) appearing for the Case

McCoy, Weaver, Wiggins, Cleveland & Raper, by Richard M. Wiggins and Anne Mayo Evans, Fayetteville, for the petitioner-appellee.

Atty. Gen. Michael F. Easley, by Sp. Deputy Atty. Gen. Kathryn Jones Cooper, Raleigh, for the respondent-appellant.

WYNN, Judge.

The question in this case is whether petitioner is entitled to attorney's fees pursuant to N.C.Gen.Stat. § 6-19.1. The trial court granted petitioner attorney's fees. Except as modified, we affirm.

On 27 March 1987, respondent, the Department of Environment, Health, and Natural Resources (DEHNR) (then named Department of Natural Resources and Community Development) assessed petitioner Crowell Constructors, Inc. a civil penalty of $10,000...

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