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RUSHER v. TOMLINSON

No. COA94-1058.

459 S.E.2d 285 (1995)

119 N.C. App. 458

E. Alan RUSHER and H & R Towing, Inc., Petitioners, v. Eugene B. TOMLINSON, Chairman, North Carolina Coastal Resources Commission and North Carolina Coastal Resources Commission, Respondents, and Atlantic Diving and Marine, Inc., Intervenor-Respondent.

Court of Appeals of North Carolina.

July 18, 1995.

Attorney(s) appearing for the Case

Murchison, Taylor, Kendrick, Gibson & Davenport, L.L.P. by Alan D. McInnes and Michael Murchison, Joseph O. Taylor, Jr., Wilmington, for petitioners-appellants.

Attorney General Michael F. Easley by Asst. Atty. Gen., Robin W. Smith, for State-respondents.

Clark, Newton, Hinson & McLean, L.L.P. by Reid G. Hinson, George T. Clark, Jr., Wilmington, for intervenor-respondent Atlantic Diving & Marine, Inc.

JOHNSON, Judge.

On 16 March 1993, Atlantic Diving & Marine Contractors, Inc. (Atlantic Diving) submitted an application for a Coastal Area Management Act (CAMA) major development/dredge and fill permit to construct berthing facilities and engage in associated dredging at a pier facility on the west side of the Cape Fear River immediately downstream of the Cape Fear Memorial Bridge. Atlantic Diving's application was made pursuant to a proposed plan to moor, on...

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