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.
MW CLEARING & GRADING, INC.,
Petitioner v. NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF AIR
Environmental Law--open burning piles--one violation
The decision of the Court of Appeals affirming a civil
penalty imposed on petitioner by the Environmental Management
Commission for open burnings violations is reversed for the
reasons stated in the dissenting opinion that the Commission
erred by finding that nine burning piles located within 1000 feet
of a dwelling constituted nine violations of N.C.G.S. § 143-
215.114A rather than only one violation.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the
decision of a divided panel of the Court of Appeals, 171 N.C.
App. 170, 614 S.E.2d 568 (2005), affirming an order entered on
1 March 2004 by Judge Evelyn W. Hill in Superior Court, Wake
County. Heard in the Supreme Court 13 March 2006.
Knox, Brotherton, Knox & Godfrey, by Allen C. Brotherton, for petitioner-appellant.
Roy Cooper, Attorney General, by Elizabeth J. Weese, Assistant Attorney General, for respondent-appellee.
Petitioner appeals to this Court from the decision of
the Court of Appeals on the basis of a dissent. For the reasons
stated in the dissenting opinion, we reverse the decision of the
Court of Appeals as to the appealable issue of right, i.e.,
whether the open burning in question constituted one separate
violation or multiple violations under N.C.G.S. § 143-215.114A.
The remaining issues addressed by the Court of Appeals are not
properly before this Court and its decision as to these issues
remains undisturbed. This case is remanded to the Court ofAppeals for further remand to the Wake County Superior Court for
further proceedings not inconsistent with this opinion.
REVERSED IN PART AND REMANDED.
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