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BROWN v. N.C. DEPT. OF ENVIRONMENT

No. COA10-315.

714 S.E.2d 154 (2011)

Lloyd G. BROWN, Nancy L. Blackwood, Chad Brandon, Richard C. Cockerham, Carolyn M. Dawson, Trent William Duncan, Roger J. Hart, Lisa Hartrick, Kevin Harvell, Alan W. Hill, Adam Huffman, Chris Liv, John McRae McBryde, Roger V. Miller, Ronald J. Myers, Jr., William Pickens, William S. Powell, Laura Prevatte, Dennis K. Register, Joseph Swartz, Sara Ellis Thompson, Eric P. Welker, Stephen L. Williams, David Amaral, Jody Brady, Richard Chellberg, Gary M. Curcio, Shane Hardee, James M. Hendricks, William R. Hildreth, John P. Howard, Anthony Russell Meadows, James Schlenker, Peter C. Steponkus, on behalf of themselves and all others similarly situated, Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, an agency of The State of North Carolina; Dee Freeman, Secretary of the North Carolina Department of Environment and Natural Resources, in his official capacity; and the State of North Carolina, Defendants.

Court of Appeals of North Carolina.

June 7, 2011.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Scott A. Conklin and Assistant Attorney General Ward Zimmerman , for the State.

Elliot Pishko Morgan, P.A., Winston-Salem , by Robert M. Elliot , for plaintiff-appellants.

BRYANT, Judge.

Where the State has conferred a right to overtime compensation to state foresters under North Carolina General Statutes, section 113-56.1, the State has waived its sovereign immunity, and we reverse the trial court's dismissal of plaintiffs' claim for overtime compensation pursuant to Rule 12(b)(1). Further, where N.C. Gen.Stat. § 143-300.35(a) authorizes the maintenance of a separate action in the trial division of the General Courts of Justice...

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