WHITE v. DEHNR

No. 9310SC918.

451 S.E.2d 376 (1995)

Michael Darwin WHITE v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES.

Court of Appeals of North Carolina.

January 3, 1995.


Attorney(s) appearing for the Case

Thomas Hilliard, III, Raleigh, for petitioner-appellee.

Atty. Gen. Michael F. Easley by Sp. Deputy Atty. Gen. Mabel Y. Bullock, Raleigh, for respondent-appellant.


McCRODDEN, Judge.

Relying on six assignments of error, DEHNR offers four arguments, only one of which we need to review: whether the court erred in determining that the Commission's order was arbitrary and capricious. We believe that the trial court erred, and we reverse.

In reviewing a trial court's consideration of an agency's final decision, our task is to determine whether the trial court properly applied the standard of review mandated by N.C.Gen.Stat...

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