applying estoppel to government agency in contractual dispute
How later courts described this case
- applying estoppel to government agency in contractual dispute
- agency in violation of G.S. § 150B-44 “by taking multiple extensions of time in which to render its final agency decision” over a period of almost a year
Written by the judges who cited it.
The opinion
WALKER, Judge,
concurring.
I concur in this well-reasoned opinion and I further agree with the following conclusion of the trial court:
24. Additionally this Court concludes as a matter of law that the Interlocal Agreements between Wake County and the Town of Holly Springs entered into on December 12, 1994, and April 17, 1995, are valid, enforceable contracts between the parties. In those agreements the Town specifically approved Wake County’s “construction and operation” of the MSW landfill within the Town’s jurisdiction. By those agreements the Town contractually released any right it might have had to withdraw its approval for Wake County to locate the MSW landfill within the Town’s jurisdiction. Because the Town had contractually surrendered any such right of withdrawal it might have had, the Decision’s conclusion that DENR was required not to issue the MSW landfill construction permit to Wake County because of the Town’s withdrawal of approval is erroneous as a matter of law.