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LUNA v. DEPT. OF ENVIRONMENT & NATURAL RES.

No. COA06-1388.

648 S.E.2d 280 (2007)

Ralph C. LUNA, Petitioner-Appellee v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, Respondent-Appellant.

Court of Appeals of North Carolina.

August 7, 2007.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General, Nancy E. Scott, for respondent-appellant.

Jeffrey S. Miller, Jacksonville, for petitioner-appellee.

ELMORE, Judge.

North Carolina Department of Environment and Natural Resources (DENR) appeals from judgment entered 27 June 2006 in favor of Ralph C. Luna.

Luna is the sole proprietor of Drytech Drywall, located in Jacksonville. Luna delivered scrap sheetrock from his drywall contracting business to J.D. Cole of Holly Ridge for use as a soil amendment on Cole's land. Luna delivered scrap sheetrock to Cole's property, with Cole's permission, over a period of...

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