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HOUSE OF RAEFORD FARMS, INC. v. STATE EX REL. ENV. MANAGEMENT COM'N

No. 481PA93.

449 S.E.2d 453 (1994)

338 N.C. 262

HOUSE OF RAEFORD FARMS, INC., a North Carolina Corporation and Nash Johnson and Sons Farms, Inc., a North Carolina Corporation v. STATE of North Carolina, ex rel., ENVIRONMENTAL MANAGEMENT COMMISSION and Department of Environment, Health and Natural Resources.

Supreme Court of North Carolina.

November 3, 1994.

Attorney(s) appearing for the Case

Jordan, Price, Wall, Gray & Jones by Henry W. Jones, Jr., and Laura J. Wetsch, Raleigh, for petitioners-appellants.

Michael F. Easley, Atty. Gen. by Edwin L. Gavin II, Asst. Atty. Gen., for respondents-appellees.

FRYE, Justice.

In this appeal, petitioners contend that the Court of Appeals erred in holding that the Office of Administrative Hearings (OAH) was without subject matter jurisdiction over their contested case petition because petitioners failed to file such petition within sixty days of receiving notice of respondents' assessment of civil penalties. Petitioners contend that the 60-day time limitation of N.C.G.S. § 150B-23(f) was tolled by the superior court's...

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