Supreme Court of North Carolina, 2004

Murphy Family Farms v. North Carolina Department of Environment & Natural Resources

Murphy Family Farms v. North Carolina Department of Environment & Natural Resources
Supreme Court of North Carolina · Decided December 17, 2004 · Consideration, Newby
359 N.C. 180; 605 S.E.2d 636; 2004 N.C. LEXIS 1344

Murphy Family Farms v. North Carolina Department of Environment & Natural Resources

Opinion of the Court

PER CURIAM.

For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals as to the issue in petitioners’ appeal relating to whether the breach and discharge constituted one separate violation, eight separate violations, or one eight-day continuous violation. Further, we hold respondent’s petition for discretionary review was improvidently allowed. This case is remanded to the *181Court of Appeals for further remand to Superior Court, Duplin County for reinstatement of the trial court’s judgment.

REVERSED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

Justice NEWBY did not participate in the consideration or decision of this case.

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