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Legal Opinion

Luna v. North Carolina Department of Environment & Natural Resources

Court of Appeals of North Carolina

Decided August 7, 2007No. COA06-1388Published

1Opinion of the Court

ELMORE, Judge.

North Carolina Department of Environment and Natural Resources (DENR) appeals from judgment entered 27 June 2006 in favor of Ralph C. Luna.

Luna is the sole proprietor of Drytech Drywall, located in Jacksonville. Luna delivered scrap sheetrock from his drywall contracting business to J.D. Cole of Holly Ridge for use as a soil amendment on Cole’s land. Luna delivered scrap sheetrock to Cole’s property, with Cole’s permission, over a period of eight to ten months prior to June, 2002. Cole has since passed away and did not testify at the administrative hearing.

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2Cases cited7 opinions

  1. North Carolina Department of Environment & Natural Resources v. CarrollSupreme Court of North Carolina · 2004
  2. Brisson v. Kathy A. Santoriello, M.D., P.A.Supreme Court of North Carolina · 2000
  3. Porsh Builders, Inc. v. City of Winston-SalemSupreme Court of North Carolina · 1981
  4. Sutton v. North Carolina Department of LaborCourt of Appeals of North Carolina · 1999
  5. R.J. Reynolds Tobacco Co. v. North Carolina Department of Environment & Natural ResourcesCourt of Appeals of North Carolina · 2002

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