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MIDWAY GRADING v. DEPT. OF ENVIRONMENT

No. COA95-443.

473 S.E.2d 20 (1996)

MIDWAY GRADING COMPANY, INC. v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES, DIVISION OF LAND RESOURCES.

Court of Appeals of North Carolina.

August 6, 1996.

Attorney(s) appearing for the Case

Robbins & Hamby, P.A. by Dale L. Hamby and Donald T. Robbins, Granite Falls, for petitioner-appellee.

Attorney General Michael F. Easley by Assistant Attorney General Jay L. Osborne, for respondent-appellant.

EAGLES, Judge.

I.

Respondent first argues that the superior court erred by concluding that respondent's service of process did not comply with G.S. 1-75.10 and with the North Carolina Rules of Civil Procedure. G.S. 1-75.10 provides:

Where the defendant appears in [an] action and challenges the service of the summons upon him, proof of the service of process shall be as follows: .... (4) Service by Registered or Certified Mail...

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