APPLEWOOD PROPERTIES v. NEW SOUTH PROP'S.

No. 161A12.

742 S.E.2d 776 (2013)

APPLEWOOD PROPERTIES, LLC and Apple Creek Executive Golf Club, LLC v. NEW SOUTH PROPERTIES, LLC; Apple Creek Village, LLC; Hunter Construction Group, Inc.; and Urban Design Partners.

Supreme Court of North Carolina.

June 13, 2013.


Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, LLP, Charlotte, by Raboteau T. Wilder, Jr. and Amanda G. Ray , for plaintiff-appellants.

Dean & Gibson, PLLC, Charlotte, by Jeremy S. Foster and Michael G. Gibson , for defendant-appellee Hunter Construction Group, Inc.

Roy Cooper , Attorney General, by John F. Maddrey , Solicitor General; James C. Gulick , Senior Deputy Attorney General; Jennie Hauser , Special Deputy Attorney General; and Anita LeVeaux , Assistant Attorney General, for State of North Carolina ex rel. Dee Freeman, Secretary of North Carolina Department of Environment and Natural Resources, Division of Land Resources, amicus curiae.


JACKSON, Justice.

In this appeal we consider whether an injured person may bring a civil action against a defendant pursuant to the civil relief provision of the Sedimentation Pollution Control Act of 1973 ("SPCA") when the defendant has received notices of noncompliance, but has not been cited for a violation of a relevant law, rule, order, or erosion and sedimentation control plan. We hold that before an injured person can have standing to bring a civil action pursuant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases