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DAWSON v. DEPT. OF ENV'T & NAT. RESOURCES

No. COA09-109.

694 S.E.2d 427 (2010)

Dudley A. DAWSON and Joan R. Dawson, Plaintiffs, v. N.C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, Defendant.

Court of Appeals of North Carolina.

June 15, 2010.

Attorney(s) appearing for the Case

George B. Daniel, P.A., by George B. Daniel, Yanceyville,; and Everett Gaskins Hancock & Stevens, LLP, by Michael J. Tadych and James M. Hash, for plaintiffs-appellees.

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

GEER, Judge.

The North Carolina Department of Environment and Natural Resources ("DENR") appeals from a decision of the Industrial Commission awarding plaintiffs Dudley A. Dawson and Joan R. Dawson damages under the State Tort Claims Act arising out of representations that certain real property perked and a home could be built on the property. After the Dawsons purchased the property and at the point they sought to build a home, they were denied a permit to improve...

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