Legal Opinion

N.C. Dep't of Envtl. Quality v. TRK Dev., LLC

Court of Appeals of North Carolina

Decided May 15, 2018No. COA17-882PublishedCited by 2 opinions

1Opinion of the Court

DAVIS, Judge.

*598 This case requires us to determine whether the North Carolina Department of Environmental Quality ("DEQ") was properly estopped *234 from enforcing the Solid Waste Management Act against a developer based on the developer's prior receipt of an erosion and sedimentation control permit from DEQ. Because we conclude that both the administrative law judge and the trial court erred in their application of the equitable estoppel doctrine in favor of the developer on these facts, we reverse.

Factual and Procedural Background

At all times relevant to this appeal, TRK Development, LLC ("TRK")…

2Cases cited14 opinions

  1. North Carolina Department of Environment & Natural Resources v. CarrollSupreme Court of North Carolina · 2004
  2. Peek v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1955
  3. City of Raleigh v. FisherSupreme Court of North Carolina · 1950
  4. Neal v. Craig Brown, Inc.Court of Appeals of North Carolina · 1987
  5. Fike v. Board of Trustees, Teachers' & State Employees' Retirement SystemCourt of Appeals of North Carolina · 1981

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3Cited by2 opinions

  1. Jackson v. Hca Mgmt. Servs., LpNorth Carolina Business Court · 2026
  2. LDI Shallotte 179 Holdings, LLC v. State of N.C. Dep't of Envtl. QualityCourt of Appeals of North Carolina · 2026

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