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WATTS v. NC DEPT. OF ENVIRONMENT

No. COA06-299.

641 S.E.2d 811 (2007)

Kerry WATTS, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, Defendant.

Court of Appeals of North Carolina.

March 20, 2007.

Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A., by John R. Buric, Charlotte, for plaintiff-appellee.

Roy Cooper, Attorney General, by Dahr Joseph Tanoury, Assistant Attorney General, for defendant-appellant.

MARTIN, Chief Judge.

Defendant North Carolina Department of Environment and Natural Resources (NCDENR) appeals from a decision and order of the North Carolina Industrial Commission awarding $267,733 in damages to plaintiff arising from NCDENR's negligent issuance of an improvement permit for land purchased by the plaintiff.

Plaintiff entered into a contract to purchase an undeveloped lake-front lot in Montgomery County. A condition of the contract was that...

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