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EMPIRE POWER CO. v. N.C. DEHNR

No. 9210SC1150.

436 S.E.2d 594 (1993)

112 N.C. App. 566

EMPIRE POWER COMPANY, and George Clark, Petitioners, v. N.C. DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES, DIVISION OF ENVIRONMENTAL MANAGEMENT, Respondent, and Duke Power Company, Intervenor-Respondent.

Court of Appeals of North Carolina.

November 16, 1993.

Attorney(s) appearing for the Case

Broughton, Wilkins, Webb & Jernigan, P.A., by William Woodward Webb, Raleigh, for petitioner-appellee Empire Power Co.

Patterson, Harkavy & Lawrence, by Donnell Van Noppen, III, Raleigh, for petitioner-appellee George Clark.

Atty. Gen. Lacy H. Thornburg, by Associate Atty. Gen. James Holloway, Raleigh, for respondent-appellant State.

Duke Power Co. Legal Dept. by Associate Gen. Counsel William L. Porter and, Sr. Atty. Garry S. Rice, Charlotte, Womble Carlyle Sandridge & Rice, by Yvonne C. Bailey, Raleigh, and Karen Estelle Carey, Winston-Salem, for intervenor-appellant Duke Power Co.

GREENE, Judge.

The North Carolina Department of Environment, Health and Natural Resources, Division of Environmental Management (DEHNR) and Duke Power Company (Duke) appeal from dismissal of their petition for writ of certiorari to review the Order by an Administrative Law Judge (ALJ) denying their motions to dismiss for lack of subject matter jurisdiction over a third party's petition for contested case hearing. Although we are compelled to dismiss this appeal because...

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