State Ex Rel. Lee v. Penland-Bailey Co., Inc.

MARTIN (Harry C.), Judge.

Defendant, in its motion for summary judgment and by argument and brief in this Court, rests its case solely upon the premise that the “land-disturbing activity” on defendant’s property happened before the effective date of the Sedimentation Pollution Control Act, and therefore the act is not applicable to the facts of this case. Defendant argues that applying the act to the facts of this case would constitute an unlawful retroactive application of the statute. It further contends that because the “land-disturbing activity” occurred prior to the effective date of the…