MATTER OF MILLIKEN

No. 7813SC1025.

258 S.E.2d 856 (1979)

43 N.C. App. 382

In the Matter of the Appeal from the Denial of the Application to Excavate and/or Fill of A. E. MILLIKEN.

Court of Appeals of North Carolina.

October 16, 1979.


Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Special Deputy Atty. Gen., W. A. Raney, Jr., Raleigh, for the State.

Frink, Foy & Gainey by Henry G. Foy, Southport, for petitioner-appellant.


ERWIN, Judge.

Appellant brought forth five assignments of error. For the reasons stated below, it is not necessary to consider the first three assignments of error.

The statutory authority under which the Department and the Commission have acted is set forth in G.S. 113-229. A careful reading of the statute makes it clear that permits of the type involved in this case are for excavation, dredging, or filling in projects in estaurine waters, tidelands, marshlands...

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