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.