MURPHY FAMILY FARMS v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (2004)

Supreme Court of North Carolina.

MURPHY FAMILY FARMS and Murphy Farms, Inc. d/b/a Murphy Family Farms, Petitioners v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, Respondent.

No. 558A03.

Decided: December 17, 2004

Jordan Price Wall Gray Jones & Carlton, P.L.L.C., by Henry W. Jones, Jr. and Brian S. Edlin, Raleigh, for petitioners-appellants/appellees. Roy Cooper, Attorney General, by Jill B. Hickey and Francis W. Crawley, Special Deputy Attorneys General, for respondent-appellee/appellant.

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 hold respondent'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.

PER CURIAM.

Justice NEWBY did not participate in the consideration or decision of this case.

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