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YORK OIL CO. v. NCDEHRN

No. COA03-674.

596 S.E.2d 270 (2004)

YORK OIL COMPANY, Petitioner, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES, Division of Environmental Management, Respondent.

Court of Appeals of North Carolina.

June 1, 2004.

Attorney(s) appearing for the Case

Kilpatrick Stockton, L.L.P., by Stephen R. Berlin, J. Jason Link, and Corena A. Norris-McCluney, Winston-Salem, for petitioner-appellant.

Attorney General Roy A. Cooper, III, by Special Deputy Attorneys General James P. Longest, Jr. and Judith R. Bullock, Assistant Attorneys General Kimberly W. Duffley and William W. Stewart, Jr., for respondent-appellee.

HUNTER, Judge.

York Oil Company ("YOCO") appeals from an order dated 11 February 2003 affirming a final agency decision dated 11 February 2000 by the North Carolina Department of Environment, Health and Natural Resources ("NCDEHNR") denying YOCO eligibility to receive reimbursement for clean up costs from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund, N.C. Gen.Stat. § 143-215.94B (2003), ("the Fund"). Because summary judgment was improperly...

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