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McHUGH v. N.C. DEPT. OF ENVIRONMENTAL, HEALTH AND NATURAL RESOURCES

No. COA96-98.

485 S.E.2d 861 (1997)

Thomas G. McHUGH, Petitioner/Appellant, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL, HEALTH AND NATURAL RESOURCES, Respondent/Appellee.

Court of Appeals of North Carolina.

June 17, 1997.

Attorney(s) appearing for the Case

Tate and Bomba, P.L.L.C. by Christopher A. Bomba and John E. Tate, Jr., Hendersonville, for petitioner/appellant.

Attorney General Michael F. Easley by Assistant Attorney General Sueanna P. Sumpter, for respondent/appellee.

McGEE, Judge.

Petitioner contends the trial court erred in upholding DEHNR's final agency decision. Specifically, petitioner argues the record contains insufficient evidence to support a violation of the SPCA and the agency erred as a matter of law in assessing the civil penalty. The proper standard for the superior court's judicial review of a final agency decision "depends upon the particular issues presented on appeal." ACT-UP Triangle v. Commission for Health...

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