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CROWELL CONSTRUCTORS, INC. v. STATE

No. 178PA94.

467 S.E.2d 675 (1996)

342 N.C. 838

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.

Supreme Court of North Carolina.

March 8, 1996.

Attorney(s) appearing for the Case

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

Michael F. Easley, Attorney General by Daniel F. McLawhorn and Kathryn Jones Cooper, Special Deputy Attorneys General, and David W. Berry, Associate Attorney General, for respondent-appellant.

LAKE, Justice.

This case comes before this Court for the second time and currently presents an issue of first impression involving an award of attorney's fees pursuant to N.C.G.S. § 6-19.1.

In 1979, Crowell Constructors, Inc. ("Crowell") purchased a thirty-six-acre tract of land in Moore County. This land had previously been operated as a sand and gravel pit by Cumberland Sand & Gravel Company. Gravel and sand were brought to the property and separated...

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