#### CHESAPEAKE MICROFILM, INC. v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES

No. 435A93

(Filed 6 October 1994)

Appeal by Chesapeake Microfilm, Inc., pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 111 N.C. App. 737, 434 S.E.2d 218 (1993), reversing the judgment entered by Hairston, J., at the 7 October 1991 Civil Session of Superior Court, Forsyth County, which vacated the final agency decision of the Environmental Management Commission, and remanding for reinstatement of the penalty assessed by the Commission. Heard in the Supreme Court 12 September 1994.

*798 Moore and Brown, by B. Ervin Brown, II, and David B. Puryear, Jr., for petitioner-appellant.

Michael F. Easley, Attorney General, by Francis W. Crawley and Daniel F. McLawhom, Special Deputy Attorneys General, for respondent-appellee.

PER CURIAM.

The decision of the Court of Appeals is affirmed.

AFFIRMED.