CRAVEN COUNTY BD. OF EDUC. v. BOYLES

No. 365PA95.

468 S.E.2d 50 (1996)

343 N.C. 87

CRAVEN COUNTY BOARD OF EDUCATION, a Statutory Corporation of North Carolina v. The Honorable Harlan E. BOYLES, State Treasurer; The Honorable Edward Renfrow, State Controller; The Honorable Jonathan B. Howes, Secretary of the Department of Environment, Health and Natural Resources; and A. Preston Howard, Jr., Director of the Division of Environmental Management.

Supreme Court of North Carolina.

April 4, 1996.


Attorney(s) appearing for the Case

Henderson, Baxter & Alford, P.A. by David S. Henderson, New Bern; and Tharrington Smith, LLP by Michael Crowell, Raleigh, for plaintiff-appellee.

Michael F. Easley, Attorney General by W. Dale Talbert, Special Deputy Attorney General, for defendant-appellant.


FRYE, Justice.

Defendants present one issue on appeal: whether monies paid to the Department of Environment, Health and Natural Resources pursuant to a settlement agreement for violations of environmental laws constituted a penalty, forfeiture, or fine under Article IX, Section 7 of the North Carolina Constitution. We answer in the affirmative, and therefore, affirm the judgment of the trial court.

On 11 June 1991...

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