METRO. SEWERAGE DIST. v. WILDLIFE RES.

No. 8928SC1301.

394 S.E.2d 668 (1990)

100 N.C. App. 171

METROPOLITAN SEWERAGE DISTRICT OF BUNCOMBE COUNTY, North Carolina, Petitioner, v. NORTH CAROLINA WILDLIFE RESOURCES COMMISSION, Respondent.

Court of Appeals of North Carolina.

August 21, 1990.


Attorney(s) appearing for the Case

Roberts Stevens & Cogburn, P.A. by Allan P. Root and Gwynn G. Radeker, Asheville, for petitioner-appellant.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Melissa L. Trippe, Raleigh, for respondent-appellee.


WELLS, Judge.

The issue on appeal is whether the superior court erred in affirming the decision of the ALJ dismissing petitioner's petition for lack of jurisdiction. The ALJ concluded that no agency action as contemplated by the "contested case" requirement of an "administrative proceeding" as set forth in N.C.Gen.Stat. § 150B-2(2) (1987) had taken place on the part of respondent. Petitioner contends that respondent's rejection of its study and of its request...

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