BLACKWELDER v. STATE DEPT. OF HUMAN RESOURCES

No. 8210SC6.

299 S.E.2d 777 (1983)

Linda L. BLACKWELDER, President and member of Steel Creek Residents Association for herself and all other interested persons and William B. Young, Member Arrowood Industrial Park Association for himself and all other interested members v. STATE of North Carolina DEPARTMENT OF HUMAN RESOURCES, Sarah T. Morrow, M.D., M.P.H., Secretary and Hugh H. Tilson, M.D., Director and SCA Chemical Services, Inc.

Court of Appeals of North Carolina.

January 18, 1983.


Attorney(s) appearing for the Case

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by William E. Poe and Irvin W. Hankins, III, Charlotte, for respondent-appellant, SCA Chemical Services, Inc.

Atty. Gen. Rufus L. Edmisten by Asst. Attys. Gen. Robert R. Reilly and Thomas G. Meacham, Jr., Raleigh, for the State respondent-appellee.

Peter A. Foley, Charlotte, for petitioner-appellee.


JOHNSON, Judge.

This is an appeal from a Superior Court order determining the scope of review for an administrative hearing involving a contested hazardous waste treatment facility. Appellant SCA argues that the court erred by determining that the fitness of the applicant to operate the facility could be considered in the permitting process when there is no requirement of "fitness" set out in the applicable rules and regulations. The petitioners correctly contend...

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