# County of Wake v. North Carolina Department of Environment & Natural Resources

> Court of Appeals of North Carolina · December 31, 2002 · 155 N.C. App. 225

URL: https://www.frixlaw.com/law-library/cases/9615415

## Case

- **Full name:** COUNTY OF WAKE, Petitioner v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES, and JERRY FRANKS and JOHN SCHIFANO, Et Al., Respondents and TOWN OF HOLLY SPRINGS, Respondent-Intervenor
- **Court:** Court of Appeals of North Carolina
- **Decided:** December 31, 2002
- **Citations:** 155 N.C. App. 225; 573 S.E.2d 572; 2002 N.C. App. LEXIS 1632
- **Precedential status:** Published
- **Opinion:** Concurrence by Walker
- **Judges:** McGee, Walker
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9615415

## How later opinions describe it (automated extraction)

- applying estoppel to government agency in contractual dispute

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9615415. Public record. Not legal advice.