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CITY OF ASHEVILLE v. WOODBERRY ASSOC., LTD.

No. 9328SC499.

442 S.E.2d 328 (1994)

114 N.C. App. 377

CITY OF ASHEVILLE, v. WOODBERRY ASSOCIATES, LTD.

Court of Appeals of North Carolina.

April 19, 1994.

Attorney(s) appearing for the Case

Nesbitt & Slawter, by William F. Slawter, City Atty., and Martha Walker-McGlohon, Associate City Atty., Asheville, for plaintiff-appellee.

Van Winkle, Buck, Wall, Starnes and Davis, P.A. by Albert L. Sneed, Jr., Asheville, for defendant-appellant.

GREENE, Judge.

Woodberry Associates, Ltd. (defendant) appeals from an order denying its motion to dismiss and from a judgment requiring it to pay $90,910 as a penalty for failing to comply with the City of Asheville's (the City) "Soil Erosion and Sedimentation Control" ordinance (the ordinance).

Defendant is a Virginia limited partnership doing business in North Carolina. The general partners of the partnership are Poff Construction Company, Inc., and N. Thomas...

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