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BRYANT v. HOGARTH

No. COA96-93.

488 S.E.2d 269 (1997)

Robert D. BRYANT, and wife, Brunhilde S. Bryant, Plaintiffs, v. William T. HOGARTH, Fisheries Director, Division of Marine Fisheries and the (North Carolina) Marine Fisheries Commission and Jonathan Howes, Secretary of the North Carolina Department of Environment, Health and Natural Resources, and North Carolina Department of Environment, Health and Natural Resources, by and through its Registered Agent, Richard B. Whisnant, Defendants.

Court of Appeals of North Carolina.

August 5, 1997.

Attorney(s) appearing for the Case

Wheatly, Wheatly, Nobles & Weeks, P.A. by C.R. Wheatly, III, Beaufort, for plaintiffs-appellants.

Attorney General Michael F. Easley by Special Deputy Attorney General J. Allen Jernigan and Assistant Attorney General David W. Berry, for defendants-appellees.

JOHN, Judge.

Plaintiffs appeal the trial court's order granting defendants' "motion to dismiss for lack of subject matter jurisdiction." The court determined plaintiffs "failed to exhaust the administrative remedies provided by the N.C. Administrative Procedure Act, N.C. Gen.Stat. § 150B-1 et seq." We affirm the ruling of the trial court.

Relevant background information and procedural history are as follows. In 1969, Mrs. Garland W. Yopp (Yopp...

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