MW Clearing & Grading, Inc. v. North Carolina Department of Environment & Natural Resources

For the reasons stated below, I must respectfully dissent from the majority’s conclusion that Petitioner’s violations constituted nine, rather than one, violations of North Carolina General Statutes section 143-215.114A.

I concur, however, with the majority’s conclusion that Petitioner violated 15A North Carolina Administrative Code 2D. 1900 and reluc*183tantly agree that the agency’s use of the measuring wheel was acceptable, although I would caution regulatory agencies against the dangers of using another’s equipment as the basis for their enforcement actions as became apparent in the instant…