Legal Opinion
Neuse River Foundation, Inc. v. Smithfield Foods, Inc.
Court of Appeals of North Carolina
Decided December 31, 2002No. COA01-1204, COA01-1205PublishedCited by 151 opinions
1Opinion of the Court
THOMAS, Judge.
Plaintiffs filed suit in these cases seeking two forms of relief. They ask for the establishment of a “Court Approved Trust” to pay for the complete remediation of several of North Carolina’s waterways as well as a prohibition of defendants’ use of swine lagoons and sprayfields.
Plaintiffs do not pray for individual compensation.
The trial court dismissed their claims under Rules 12(b)(1) and 12(b)(6) of the North Carolina Rules of Civil Procedure, concluding “all plaintiffs lack standing to prosecute any claims before this Court, that this Court lacks subject matter jurisdiction…
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3Cited by151 opinions
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