Tag Archives: Licenses & Permits

Environmental – Administrative – Licenses & Permits – Real Property — Fill — Wetlands – Freshwater (access required)

State ex rel. N.C. Department of Environment & Natural Resources v. Pharr The trial court’s findings of fact and conclusions of law make it clear that the Army Corps of Engineers’ issuance of fill permits to the defendant-landowners did not “tip the scale” in favor of the landowners. The trial court gave more weight to the opinions of the landowners’ experts than to the plaintiff-agency’s expert in finding that any occasional flooding of the landowners’ property was due to rain and runoff rather than the tides.

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Environmental – Administrative – Licenses & Permits — Wildlife Refuge – Clean Water Act (access required)

Friends of Back Bay v. U.S. Army Corps of Engineers The “Friends of Back Bay” win their challenge to a Clean Water permit issued by the Army Corps of Engineers to a developer who wants to build a mooring facility and concrete boat ramp about 3,000 feet from the Back Bay National Wildlife Refuge in Virginia Beach; the 4th Circuit vacates a decision upholding the permit, as the Corps relied on voluntary compliance with a “secret” no-wake zone to protect the Refuge from the negative effect of adding 64 boat slips to the existing 12 in the area.

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Administrative – Licenses & Permits – ABC Permit – Sale to Underage Customer – Counterfeit CDs & DVDs – Convicted Felon – Firearm (access required)

NC Alcoholic Beverage Control Commission v. CK2, LLC While executing a search warrant for illegal gambling devices at respondent’s convenience store, police found a firearm – which the store owner had a permit to buy – in a cigar box in front of a store employee who was a convicted felon. In addition, the store owner admitted that CDs and DVDs were sold in the store, and counterfeit CDs and DVDs were found among those for sale.

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