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SAVE OUR RIVERS, INC. v. TOWN OF HIGHLANDS

No. 166PA94.

461 S.E.2d 333 (1995)

341 N.C. 635

SAVE OUR RIVERS, INC., and Johnny R. Walker, Mary E. Walker, Helen C. Bayley, George G. Laneri, Elizabeth C. Laneri, Pay Thompson, Doug Thompson, Morris Bryson, Janice McClure, Alene Munger, Kim Thompson, Eunice Queen, John Northern, Joyce Northern, Nellie Carpenter, Christine Webb, Butch Deal, W.M. Moses, James Stephen Raby, Pearl Moses, Beta Tilson, Hallie Stiles, Jack McEachin, Claire McEachin, Joseph J. Johnson, Ruth C. Johnson, Robert Waters, James Bowser, Paul E. Geer, Florence Geer, Caroline Roney, Danny McDowell, Virgil L. Watkins, Rosalie K. Watkins, Randy Kushin, Robert J. Williams and Mary Edwards, Petitioners, v. TOWN OF HIGHLANDS, N.C. Department of Environment, Health, and Natural Resources, Division of Environmental Management, and Jonathan B. Howes, Secretary, Respondents.

Supreme Court of North Carolina.

September 8, 1995.

Attorney(s) appearing for the Case

Roberts Stevens & Cogburn, P.A. by William Clarke, Asheville, for petitioner-appellees.

Michael F. Easley, Attorney General by Daniel F. McLawhorn, Special Deputy Attorney General, and David W. Berry, Associate Attorney General, for respondent-appellees North Carolina Dept. of Environment, Health, and Natural Resources, Div. of Environmental Management; and Jonathan B. Howes, Secretary.

John C. Hunter, Raleigh, for respondent-appellant Town of Highlands.

WEBB, Justice.

We note that the holding of the Court of Appeals in this case that the petitioners did not have the right to a contested case hearing in the OAH has been overruled in Empire Power Co. v. N.C. Dept. of E.H.N.R., 337 N.C. 569, 447 S.E.2d 768, reh'g denied, 338 N.C. 314, 451 S.E.2d 634 (1994). There was no appeal in this case from the decision...

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