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D. G. MATTHEWS & SON v. McDEVITT

No. COA98-279.

508 S.E.2d 331 (1998)

D.G. MATTHEWS & SON, INC. A North Carolina Corporation, Petitioner-Appellee, v. STATE of North Carolina ex rel., R. Wayne McDEVITT, Secretary, Department of Environment and Natural Resources, Respondent-Appellant.

Court of Appeals of North Carolina.

December 1, 1998.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Assistant Attorney General Lauren Murphy Clemmons, for the State.

Batts, Batts & Bell, L.L.P. by Jeffrey A. Batts, Rocky Mount, for appellee.

SMITH, Judge.

This case is one of first impression with respect to proper interpretation of the North Carolina Scrap Tire Disposal Act (the Act). N.C. Gen.Stat. §§ 130A-309.51-63 (1997). Specifically, the issues presented involve the proper construction of subsections (a) and (b) of N.C. Gen.Stat. § 130A-309.60 (1997).

In July 1987, two years prior to enactment of the Act, appellee, D.G. Matthews, Inc. (Matthews), purchased the "Taylor Farm...

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