All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.
MURPHY FAMILY FARMS and MURPHY FARMS, INC. d/b/a MURPHY FAMILY
FARMS,
Petitioners
v.
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES,
Respondent
Appeal by petitioners pursuant to N.C.G.S. § 7A-30(2)
from the decision of a divided panel of the Court of Appeals, 160
N.C. App. 338, 585 S.E.2d 446 (2003), affirming in part and
reversing in part a judgment entered on 15 May 2002 by Judge
Benjamin G. Alford in Superior Court, Duplin County. On
5 February 2004, the Supreme Court granted petitioners' and
respondent's petitions for discretionary review as to additional
issues. Heard in the Supreme Court in the 1767 Chowan County
Courthouse 8 October 2004.
Jordan Price Wall Gray Jones & Carlton, PLLC, by Henry
W. Jones, Jr. and Brian S. Edlin, for petitioners-
appellants/appellees.
Roy Cooper, Attorney General, by Jill B. Hickey and
Francis W. Crawley, Special Deputy Attorneys General,
for respondent-appellee/appellant.
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 holdrespondent's petition for discretionary review was improvidently
allowed. This case is remanded to the Court 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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