Applewood Properties, LLC v. New South Properties, LLC, 366 N.C. 518

Plaintiffs Applewood Properties sold land adjacent to Apple Creek Golf Club to New South Properties and Apple Creek Village for residential development.
New South hired Urban Design Partners for erosion control design and Hunter Construction Group to prepare the parcel and build erosion controls, including a silt basin.
Gaston County Natural Resources Department (GNRD) approved the erosion plan on 15 September 2005; subsequent inspections occurred in 2006.
GNRD found New South failed to take all reasonable measures and issued multiple Notices of Non-Compliance with required corrective actions by April–July 2006.
On 27 June 2006 a dam in the silt basin ruptured, causing mud and sediment to flood the golf course; GNRD noted insufficient measures and violations of SPCA standards.
Plaintiffs filed SPCA-related and other claims against New South, Apple Creek Village, and Hunter in December 2006; Hunter later moved for summary judgment on the SPCA claim; the trial court granted the SPCA summary judgments in 2010; Court of Appeals affirmed in part in 2012; plaintiffs then appealed to the Supreme Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether standing to sue under 113A-66(a) requires a violation notice to the defendant.	Plaintiffs argue 113A-66(a) allows suit when injury arises from land-disturbing activity regardless of a violation notice.	Defendant argues standing requires a cited violation under 113A-66(a).	Holding: standing requires that the defendant was cited for a violation prior to suit.

Holly Ridge Assocs., LLC v. North Carolina Dept. of Environment & Natural Resources, 361 N.C. 531 (2007) (recognizes private SPCA action when defendant cited for SPCA violations)
In re Foreclosure of Vogler Realty, Inc., 365 N.C. 389 (2012) (statutory interpretation; ascertain legislative intent)
Nationwide Mut. Ins. Co. v. Mabe, 342 N.C. 482 (1996) (avoid absurd consequences in statutory interpretation)