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REYNOLDS TOBACCO v. ENV. & NAT. RES.

No. COA01-74.

560 S.E.2d 163 (2002)

R.J. REYNOLDS TOBACCO COMPANY, Petitioner, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES, Respondent.

Court of Appeals of North Carolina.

February 19, 2002.

Attorney(s) appearing for the Case

Kilpatrick Stockton LLP, by Alan H. McConnell and Theodore C. Edwards, II, Raleigh, for petitioner-appellee.

Attorney General Roy A. Cooper, III, by Assistant Attorney General Nancy E. Scott, for respondent-appellant.

MARTIN, Judge.

On 16 April 1998, petitioner, R.J. Reynolds Tobacco Company ("Reynolds") applied to respondent, North Carolina Department of Environment and Natural Resources ("DENR") for tax certification of certain newly installed equipment as solid waste recycling or resource recovery equipment, pursuant to G.S. §§ 105-275(8)(b), 105-122(b), 105-130.5, and 105-130.10. By letter dated 4 September 1998, DENR denied Reynolds' tax certification application...

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