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STATE EX REL. COBEY v. COOK

No. 9430SC379.

453 S.E.2d 553 (1995)

STATE of North Carolina, ex. rel. William W. COBEY, Jr., Secretary, North Carolina Department of Environment, Health and Natural Resources, Plaintiff, v. Frank H. COOK, Defendant.

Court of Appeals of North Carolina.

February 21, 1995.

Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. Sueanna P. Sumpter, Asheville, for plaintiff-appellee.

Charles R. Brewer, Asheville, for defendant-appellant.

WALKER, Judge.

On 15 January 1993, the Attorney General instituted this action against defendant to enforce a $5,040.00 civil penalty assessed on defendant by the Department of Environment, Health and Natural Resources (DEHNR) for violations of the Sedimentation Pollution Control Act of 1973 (SPCA), N.C.Gen.Stat. § 113A-50 et seq. and implementing rules. Defendant answered and moved that the complaint be dismissed because (1) it fails to state a claim...

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