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HIGH ROCK LAKE ASS'N v. N. C. ENV. MGT.

No. 7810SC179.

252 S.E.2d 109 (1979)

39 N.C. App. 699

HIGH ROCK LAKE ASSOCIATION INC. and Mary Davis v. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION, John W. Thomas, Jr., P. Greer Johnson, Edwin C. Baker, Owen R. Braughler, Paul Dickson, Erskin L. Harkey, Jr., Robert W. Hester, James E. Harrington, Jr., Louis J. Marchetti, Jerome E. Shiffert, W. E. Strafford, D. J. Walker, Jr., and James C. Wallace.

Court of Appeals of North Carolina.

February 20, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Daniel C. Oakley, Raleigh, for the State.

Pfefferkorn & Cooley by William G. Pfefferkorn and David A. Wallace, Winston-Salem, for plaintiffs-appellants.

MORRIS, Chief Judge.

The petition for judicial review and the complaint for declaratory relief were dismissed by the Superior Court on the ground that the court had no jurisdiction to review the matter. The narrow question before this Court is whether the petition sufficiently alleges grounds for judicial review of the Commission's action.

Judicial Review

The plaintiffs assert two grounds for judicial review. First, plaintiffs argue that the...

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