Applewood Properties, LLC v. New South Properties, LLC

After a careful review of the record in light of the applicable law, I am compelled to conclude, contrary to the result reached by my colleagues, that the Sedimentation Pollution Control Act of 1973 (“SPCA”), N.C. Gen. Stat. § 113A-50 et. seq. (2011), does, in fact apply to situations like the one at issue here. Simply put, I believe that the damage liability provisions of the SPCA are not limited to situations in which sediment is deposited into a body of water. As a result, I respectfully dissent from the Court’s decision to affirm the trial *466court’s summary judgment order on the basis that…