HIGH ROCK LAKE ASS'N v. N. C. ENVIRON. MANAGEMENT

No. 8010SC722.

276 S.E.2d 472 (1981)

HIGH ROCK LAKE ASSOCIATION INC., and Mary Davis v. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION, and H. W. Whitley, Chairman of the North Carolina Environmental Management Commission.

Court of Appeals of North Carolina.

April 7, 1981.


Attorney(s) appearing for the Case

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

Pfefferkorn & Cooley, P. A., by Robert M. Elliot, Winston-Salem, for plaintiffs-appellants.


ARNOLD, Judge.

A declaratory ruling by an administrative agency is subject to judicial review as though it were an agency final decision or order in a contested case. G.S. 150A-17. Article 4 of Chapter 150A defines the judicial review process, and, within that Article, G.S. 150A-51 establishes the scope of review as follows:

Scope of review; power of court in disposing of case.—The court may affirm the decision of the agency or remand the case for...

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