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EVERHART & ASSOC. INC. v. DEPT. OF ENVIRONMENT

No. COA96-1369.

493 S.E.2d 66 (1997)

EVERHART & ASSOCIATES, INC. and Hettie Tolson Johnson, Petitioners, v. DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES, Respondent, and Zelig Robinson, Intervenor-Respondent.

Court of Appeals of North Carolina.

November 18, 1997.

Attorney(s) appearing for the Case

Wheatly, Wheatly, Nobles & Weeks, P.A. by C.R. Wheatly, III, Beaufort, for petitioners-appellees.

Attorney General Michael F. Easley by Assistant Attorney General Robin W. Smith, for respondent-appellant.

Ward and Smith, P.A. by I. Clark Wright, Jr., New Bern, for intervenor-respondent-appellant.

GREENE, Judge.

The North Carolina Department of Environment, Health and Natural Resources (DEHNR) appeals from the superior court's reversal of the denial of Everhart & Associates, Inc. and Hettie Tolson Johnson's (Developers) petition to develop land in Hyde County.

Developers applied to DEHNR's Coastal Resources Commission (Commission) for a permit to develop land known as Tolson's Island, located in Hyde County. The permit was denied by the Commission...

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