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IN RE BROWN

No. 8110SC665.

289 S.E.2d 626 (1982)

In re Appeal of and Petition for judicial review by C. David BROWN, Wendell Hedden, and Gene Miller, For Themselves and the Citizens Opposed to Off-Premises Sale of Beer in Andrews, North Carolina, of the Decision of the North Carolina State Board of Elections, dated August 14, 1980, pertaining to the Protest of the Election for Off-Premises Sale of Beer in the Town of Andrews, North Carolina, on February 23, 1980.

Court of Appeals of North Carolina.

April 6, 1982.

Attorney(s) appearing for the Case

Snyder, Leonard, Biggers & Dodd, P. A. by Gary A. Dodd, Asheville, for petitioners-appellants.

Atty. Gen. Rufus L. Edmisten by Deputy Atty. Gen. James Wallace, Jr., Raleigh, for respondent-appellee, State Bd. of Elections.

Bailey, Dixon, Wooten, McDonald & Fountain by J. Ruffin Bailey and R. Mayne Albright, Raleigh, for appellees-intervenors.

WELLS, Judge.

The standard and scope of judicial review of an order of the State Board of Elections is found in the provisions of Chapter 150A of the General Statutes, the Administrative Procedure Act. G.S. 150A-51 provides:

§ 150A-51. Scope of review; power of court in disposing of case.—The court may affirm the decision of the agency or remand the case for further proceedings; or it may reverse or...

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