York Oil Co. v. North Carolina Department of Environment, Health & Natural Resources

HUNTER, Judge.

York Oil Company (“YOCO”) appeals from an order dated 11 February 2003 affirming a final agency decision dated 11 February 2000 by the North Carolina Department of Environment, Health and Natural Resources (“NCDEHNR”) denying YOCO eligibility to receive reimbursement for clean up costs from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund, N.C. Gen. Stat. § 143-215.94B (2003), (“the Fund”). Because summary judgment was improperly granted, we reverse and remand.

The evidence contained in the record on appeal tends to show the following. YOCO has owned…