STATE EX REL. COBEY v. SIMPSON

No. 913SC166.

411 S.E.2d 616 (1992)

105 N.C. App. 95

STATE of North Carolina, ex rel. William W. COBEY, Jr., Secretary Department of Environment, Health and Natural Resources, v. Vivian Anne SIMPSON.

Court of Appeals of North Carolina.

January 7, 1992.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. J. Allen Jernigan, Raleigh, for the State.

Bennett, McConkey, Thompson & Marquardt by Thomas S. Bennett, Morehead City, for appellee.


LEWIS, Judge.

The issue in this case is whether a trial court must order the restoration of coastal wetlands (marshlands) to pre-development condition once the court has determined that there has been unpermitted development activities pursuant to the Coastal Area Management Act (CAMA), N.C.G.S. § 113A-100 et seq. (1983), and the Dredge and Fill Act (DFA). N.C.G.S. § 113-229 (1990).

Since 1945, the land now owned by defendant has had fill...

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