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KING v. N.C. ENV. MANAGEMENT COM'N

No. 925SC1156.

436 S.E.2d 865 (1993)

Ruth A. KING, Plaintiff-Appellee, v. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION, Coastal Resources Commission and Department of Environment, Health and Natural Resources, Defendants-Appellants.

Court of Appeals of North Carolina.

December 7, 1993.

Attorney(s) appearing for the Case

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

Attorney Gen. Lacy H. Thornburg by Sp. Deputy Attys. Gen. Daniel F. McLawhorn and Francis W. Crawley, Raleigh, for defendant-appellant.

WELLS, Judge.

This appeal presents the question of whether the superior court erred by substituting its own judgment for that of the agencies in question when it reversed the EMC's final agency decision denying plaintiff's request for a Section 401 Water Quality Certification. We hold that the court did err and reverse.

In an order dated 29 July 1992, the superior court reversed the final agency decision of the...

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