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OVERCASH v. DEPT. OF ENV'T & NATURAL RES.

No. COA05-1342.

635 S.E.2d 442 (2006)

Ronald Gold OVERCASH, Petitioner, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WASTE MANAGEMENT, Respondent.

Court of Appeals of North Carolina.

October 17, 2006.

Attorney(s) appearing for the Case

Ferguson, Scarbrough, Hayes & Price, P.A., by James E. Scarbrough, Concord, for petitioner-appellant.

Attorney General Roy Cooper, by Special Deputy Attorney General Francis W. Crawley and Assistant Attorney General Jay L. Osborne, for respondent-appellee.

GEER, Judge.

Petitioner Ronald Gold Overcash appeals from the Cabarrus County Superior Court's judgment upholding a final agency decision of the Environmental Management Commission (the "EMC"), imposing penalties in the total amount of $125,880.26 as a result of Overcash's violations of underground storage tank regulations. Overcash argues primarily that he was incorrectly required to bear the burden of proving that he...

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