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STATE EX REL. RHODES v. SIMPSON

No. 525PA88.

385 S.E.2d 329 (1989)

325 N.C. 514

STATE of North Carolina ex rel S. Thomas RHODES, Secretary, Department of Natural Resources and Community Development v. Vivian Anne SIMPSON.

Supreme Court of North Carolina.

November 9, 1989.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by J. Allen Jernigan, Asst. Atty. Gen., Raleigh, for State-appellant.

Bennett, McConkey, Thompson, Marquardt & Wallace, P.A. by Thomas S. Bennett, Morehead City, for defendant-appellee.

Conservation Council of North Carolina by John D. Runkle, General Counsel, Chapel Hill, amicus curiae.

MEYER, Justice.

At issue is the right of a defendant to a jury trial in an action brought by the State to enforce wetland protection provisions of the Coastal Area Management Act of 1974 (CAMA), N.C.G.S. §§ 113A-100 to 113A-128 (1983 & Cum.Supp.1985), and the Dredge and Fill Act of 1969, N.C.G.S. § 113-229 (1983). The trial court granted defendant's demand for a jury trial over the State's objection. The Court of Appeals affirmed, construing only...

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