Durham County v. Graham

HUNTER, Judge.

Durham County (“plaintiff’) appeals from the trial court’s order dismissing without prejudic.e its prayer for mandatory injunctive relief against Lynn E. Graham and Felicia Lennon Graham (“defendants”) on 9 March 2007. After careful consideration, we affirm in part and reverse in part.

On 27 August 2004, defendants obtained approval from plaintiff for a Land Disturbing Permit for property they owned — allowing defendants to use part of the property as a landfill. The permitted land disturbance required the disturbed area to be less than one acre, and the fill was to be kept out…