Banks v. Dunn

LEVINSON, Judge.

Defendant appeals from a judgment awarding plaintiff damages for defendant’s trespass and violation of N.C. Gen. Stat. § 113A Art. 4, the Sedimentation Pollution Control Act (the SPCA). We affirm.

Plaintiff filed a district court complaint against defendant on 3 March 2003, seeking damages for defendant’s alleged common law trespass and nuisance, and his violation of the SPCA. Defendant answered in May 2003, denying the material allegations of plaintiff’s complaint. In July 2003 the case was transferred by consent order to Superior Court, on the basis of the amount of damages…