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GASKILL v. STATE EX REL. COBEY

No. 923SC323.

428 S.E.2d 474 (1993)

109 N.C. App. 656

Ralph GASKILL v. STATE of North Carolina, ex rel. William W. COBEY, Jr., Secretary of Environment, Health and Natural Resources.

Court of Appeals of North Carolina.

April 20, 1993.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg, by Associate Atty. Gen., David G. Heeter, Raleigh, for respondent-appellant.

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

McCRODDEN, Judge.

Respondent contends that the trial court erred by reversing the final decision of OAH finding that it lacked subject matter jurisdiction over the petition for a contested case. In ruling on this contention, we must decide whether petitioner met the requirements for commencing a contested case hearing which are found at N.C.G.S. § 113A-126(d)(3) of CAMA and N.C.G.S. § 150B-23(a) of the APA. We hold that he did not, and we reverse the Superior...

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