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N. BUNCOMBE ASS'N v. N.C. DEPT. OF ENV., HEALTH, AND NATURAL RESOURCES

No. 506PA93.

449 S.E.2d 451 (1994)

338 N.C. 302

NORTH BUNCOMBE ASSOCIATION OF CONCERNED CITIZENS, INC., Successor to the Flat Creek Unincorporated Association of Concerned Citizens; Gary Hensley, President of The Corporation; and Gary Hensley, Individually, and wife, Debbie Hensley, Petitioners, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES, Respondent, and Vulcan Materials Company, Intervenor.

Supreme Court of North Carolina.

November 3, 1994.

Attorney(s) appearing for the Case

Long, Parker & Payne, P.A. by Robert B. Long, Jr., and Reynolds & McArthur by Steve Warren, Asheville, for petitioner-appellees.

Michael F. Easley, Atty. Gen. by Philip A. Telfer, Sp. Deputy Atty. Gen., for respondent-appellant North Carolina Dept. of Environment, Health, and Natural Resources.

Womble, Carlyle, Sandridge & Rice by H. Grady Barnhill, Jr., Keith A. Clinard, Yvonne C. Bailey and Roddey M. Ligon, Jr., Winston-Salem, for intervenor-appellant Vulcan Materials Co.

WEBB, Justice.

The resolution of this appeal depends on whether the petitioners are entitled to a contested case hearing by the OAH on their claim that the mining permit should not have been issued. If they were, it was error for the Court of Appeals to order this case dismissed. The Court of Appeals, relying on Batten v. N.C. Dept. of Corrections, 326 N.C. 338, 389 S.E.2d 35 (1990), held that...

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