I did some looking yesterday when you posted, but didn't find anything exactly like it, which is why I kept my mouth shut. I have that tip of the tongue feeling about this guy... I know I have seen it, just can't quite come up with it.
In the meantime, I would say definitely something in the broadleaf evergreen class. Daphiniphyllum is false daphne, but some of the true daphnes look a lot like this. Other broad leaf evergreens with similar leaf whorls include kalmia (mountain laurel), sweetbay laurel, wax myrtle, arbutus, and the rhododendron that was Kisal's first thought. You can look up pictures of these and see what you think
Sorry we haven't quite nailed it yet, interesting shrub. We would expect it to flower at some point (probably next spring) and that will solve the problem. Maybe it wasn't mature enough this spring or conditions weren't right.