PISGAH OIL v. AIR POLLUTION CONTROL AGENCY

No. COA99-910.

533 S.E.2d 290 (2000)

PISGAH OIL COMPANY, INC., Petitioner-appellant, v. WESTERN NORTH CAROLINA REGIONAL AIR POLLUTION CONTROL AGENCY, Respondent-appellee.

Court of Appeals of North Carolina.

August 1, 2000.


Attorney(s) appearing for the Case

Patrick U. Smathers, P.A., by Patrick U. Smathers, Canton, for petitioner-appellant.

Siemens Law Office, P.A., by Jim Siemens, Asheville, for respondent-appellee.


McGEE, Judge.

The Western North Carolina Regional Air Pollution Control Agency (the Agency) is an administrative agency established pursuant to N.C. Gen.Stat. § 143-215.112 (1999) as a local air pollution control program. Mike Matthews (Matthews), an inspector for the Agency, observed David Bylko (Bylko), an employee of Pisgah Oil Company, Inc. (petitioner), unload fuel from his tanker truck into two storage tanks at the Bethel Grocery store in Waynesville, North...

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