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APPEAL OF SEASHELL COMPANY

No. 753SC17.

213 S.E.2d 374 (1975)

25 N.C. App. 470

Appeal of SEASHELL COMPANY from the Findings of Fact and Conclusions of Law of the North Carolina Review Board for Dredge and Fill Applications.

Court of Appeals of North Carolina.

April 16, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. W. A. Raney, Jr., Raleigh, for respondent-appellant.

Smith, Anderson, Blount & Mitchell by James D. Blount, Jr., Henry A. Mitchell, Jr., and Michael E. Weddington, Raleigh, for petitioner-appellee.

ARNOLD, Judge.

The question presented by this appeal is whether the trial court erred in concluding as a matter of law that the Review Board was required to issue Seashell a dredge and fill permit. The statute under which the proceeding was conducted provides that the "Department may deny an application for a dredge or fill permit upon finding: . . . (5) that there will be significant adverse effect on wildlife, or fresh water, estuarine or marine fisheries." G.S...

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