Opinion

Ocean Hill Joint Venture v. North Carolina Department of Environment, Health & Natural Resources

  • 333 N.C. 318
  • 426 S.E.2d 274
  • 1993 N.C. LEXIS 39
Court
Supreme Court of North Carolina
Filed
Feb 12, 1993
Status
Published
Author
Webb
On the bench
Webb, Parker
Cited by
23 cases

holding that the one-year statute of limitations under N.C. Gen.Stat. § 1-54(2) does not apply to administrative assessment of civil penalties pursuant to N.C. Gen.Stat. § 113A-64(a) because the statute of limitations applies only to an "action or proceeding" in the general court of justice

How later courts described this case

  • holding that the one-year statute of limitations under N.C. Gen.Stat. § 1-54(2) does not apply to administrative assessment of civil penalties pursuant to N.C. Gen.Stat. § 113A-64(a) because the statute of limitations applies only to an "action or proceeding" in the general court of justice
  • addressing a developer’s administrative challenge to the imposition of civil penalties by the Department of Environment, Health and Natural Resources stemming from alleged violations of the Sedimentation Pollution Control Act
  • reversing a Court of Appeals determination that a matter before DEHNR was an action or proceeding within N.C. Gen. Stat. § 1-54

Written by the judges who cited it.

The opinion

Justice WEBB

dissenting.

I dissent for the reasons stated by Judge Walker in the opinion of the Court of Appeals.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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