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MW CLEARING v. DEPT. OF ENVIRONMENT

No. 432A05.

628 S.E.2d 379 (2006)

MW CLEARING & GRADING, INC., Petitioner v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF AIR QUALITY, Respondent.

Supreme Court of North Carolina.

April 7, 2006.

Attorney(s) appearing for the Case

Knox, Brotherton, Knox & Godfrey, by Allen C. Brotherton, Charlotte, for petitioner-appellant.

Roy Cooper, Attorney General, by Elizabeth J. Weese, Assistant Attorney General, for respondent-appellee.

PER CURIAM.

Petitioner appeals to this Court from the decision of the Court of Appeals on the basis of a dissent. For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals as to the appealable issue of right, i.e., whether the open burning in question constituted one separate violation or multiple violations under N.C.G.S. § 143-215.114A. The remaining issues addressed by the Court of Appeals are not properly before this...

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