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WALKER v. N.C. DEPT. OF ENVIR. HEALTH

No. 923SC348.

433 S.E.2d 767 (1993)

Richard WALKER, et al., Petitioners, v. N.C. DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES, DIVISION OF COASTAL MANAGEMENT, COASTAL RESOURCES COMMISSION, Respondent, and Oriental Harbor Development Company, Inc., Respondent-Intervenor. ORIENTAL YACHT CLUB, Joseph H. Cox, et al., Petitioners, v. N.C. DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES, DIVISION OF COASTAL MANAGEMENT, COASTAL RESOURCES COMMISSION, Respondent, and Oriental Harbor Development Company, Inc., Respondent-Intervenor.

Court of Appeals of North Carolina.

September 7, 1993.

Attorney(s) appearing for the Case

Manning, Fulton & Skinner, by Howard E. Manning and Edwin Pate Bailey, Raleigh, for petitioner appellants.

Atty. Gen. Lacy H. Thornburg, by Associate Atty. Gen. David G. Heeter, and Asst. Atty. Gen. Robin W. Smith, Raleigh, for respondent appellee.

Wheatly, Wheatly, Nobles & Weeks, P.A., by C.R. Wheatly, III, Beaufort, for respondent-intervenor appellee.

COZORT, Judge.

The dispositive issue presented by this appeal is whether the Department of Administration must grant an easement for the construction of a commercial marina by a private developer over public trust waters pursuant to N.C.Gen.Stat. § 146-12 (1991) and N.C.Admin.Code tit. 1, r. 6B.0605 (June 1987). We answer in the affirmative and hold the trial court erred in upholding an order of the Coastal Resources Commission issuing a development permit to...

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