United States Fourth Circuit

In an action alleging racial discrimination in the siting of landfills for construction, numerous federal claims against a county were timely because issuance of a permit, not the siting of the landfills, was a final agency action.

Appellate Information

• Argued 06/03/2002
• Decided 12/04/2002
• Published 12/04/2002

Judges

• Before MOTZ and KING, Circuit Judges, and Robert R. BEEZER, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Marcus B. Jimison, Katherine Leigh Carpenter, Land Loss Prevention Project, Durham, North Carolina, for Appellants.  Michael R. Ferrell, Wake County Attorney, Wake County Attorney's Office, Raleigh, North Carolina;  Lauren Murphy Clemmons, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.   ON BRIEF:  Shelley Tager Easton, Deputy County Attorney, Wake County Attorney's Office, Raleigh, North Carolina;  Roy Cooper, Attorney General, Nancy E. Scott, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.