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CONCERNED CITIZENS v. N.C. ENV. MGT. COM'N

No. 8710SC1005.

367 S.E.2d 13 (1988)

89 N.C. App. 708

CONCERNED CITIZENS OF the NORTHEAST CAPE FEAR RIVER, and Hoke Bullock, v. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION, North Carolina Wildlife Resources Commission, Department of Transportation and Inlet Bay Utilities, Inc.

Court of Appeals of North Carolina.

April 19, 1988.

Attorney(s) appearing for the Case

Harlow, Derr and Stark by Thomas A. Stark, Research Triangle Park, for plaintiffs, appellants.

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Daniel F. McLawhorn, Raleigh, for defendants, appellees, North Carolina Environmental Management Com'n, North Carolina Wildlife Resources Com'n and North Carolina Dept. of Transp.

Poisson, Barnhill & Britt by Donald E. Britt, Jr., Wilmington, for defendant, appellee, Inlet Bay Utilities, Inc.

HEDRICK, Chief Judge.

The Environmental Management Commission ("the Commission") is authorized to issue permits allowing discharge of wastewater into surface waters. G.S. 143-215.1. G.S. 143-215.5 provides that judicial review with respect to issuance of such permits is to be as provided in Article 4 of Chapter 150B which provides:

Any person who is aggrieved by the final decision in a contested case, and who has exhausted all administrative remedies made...

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