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IN RE NORTH CAROLINA PESTICIDE BD.

No. 139A98.

509 S.E.2d 165 (1998)

349 N.C. 656

In the Matter of Before the NORTH CAROLINA PESTICIDE BOARD FILE NOS. IR94-128, IR94-151, IR94-155. H. Ray Meads, Petitioner, v. North Carolina Department Of Agriculture, Food And Drug Protection Division, Pesticide Section, Respondent.

Supreme Court of North Carolina.

December 31, 1998.

Attorney(s) appearing for the Case

Hatch, Little & Bunn, L.L.P. by David H. Permar and Tina L. Frazier, Raleigh, for petitioner-appellant and -appellee.

Michael F. Easley, Attorney General by Melissa H. Taylor, Assistant Attorney General, for respondent-appellant and -appellee.

Southern Environmental Law Center by Donnell Van Noppen III, Senior Attorney, Chapel Hill, on behalf of Agricultural Resources Center, Inc., amicus curiae.

WYNN, Justice.

We are asked in this appeal to determine whether the North Carolina Pesticide Board properly penalized an aerial pesticide applicator for violating various North Carolina pesticide regulations. On initial review, our Court of Appeals affirmed the trial court's reversal of the Pesticide Board's decision. Finding error, we reverse the decision of the Court of Appeals and reinstate the Pesticide Board's decision.

On 26 August 1994, petitioner H...

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