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MATTER OF MASON EX REL. HUBER

No. 8510SC122.

337 S.E.2d 99 (1985)

78 N.C. App. 16

In the Matter of the Protest of Clyde MASON, Jr., ex rel. the Proposed Lease of Joseph A. HUBER.

Court of Appeals of North Carolina.

December 3, 1985.

Attorney(s) appearing for the Case

Wheatly, Wheatly, Nobles & Weeks, P.A. by Stevenson L. Weeks, Beaufort, for petitioner-appellee Clyde Mason, Jr.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Daniel F. McLawhorn, Raleigh, for respondent-appellant Marine Fisheries Comn.

BECTON, Judge.

This case began with the application of Joseph A. Huber to the Marine Fisheries Commission (Commission) to lease public bottom land in Core Sound for clam culture. Clyde Mason, Jr., protested the proposed lease. On 14 April 1984, after an administrative hearing and a final agency hearing, the Commission ordered that the lease be issued to Huber with certain conditions. Following is a more detailed recitation of the facts and procedural history in this...

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