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DIXIE LUMBER CO. v. DEPT. OF ENVIRONMENT

No. COA01-739.

563 S.E.2d 212 (2002)

DIXIE LUMBER COMPANY OF CHERRYVILLE, INC., Petitioner, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES, Division of Environmental Management, Respondent.

Court of Appeals of North Carolina.

May 7, 2002.

Attorney(s) appearing for the Case

Moore & Van Allen, PLLC by Peter J. McGrath, Jr., Charlotte, for petitioner.

Attorney General Roy Cooper by Assistant Attorney General Kimberly W. Duffley, for respondent.

WYNN, Judge.

Dixie Lumber Company of Cherryville, Inc. appeals the trial court's affirmance of the Final Agency Decision of the North Carolina Department of Environment and Natural Resources ("Environmental Department") denying reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund, N.C. Gen.Stat. § 143-215.94B (1999) ("Commercial Fund"). We affirm.

In March 1998, Dixie Lumber sought reimbursement from the Commercial...

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