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HENSLEY v. N.C. DIV. OF LAND RESOURCES

No. 525A09.

698 S.E.2d 41 (2010)

Nancy HENSLEY, Diane Kent, and Clean Water for North Carolina, Inc., Petitioners v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF LAND RESOURCES, Respondent, and Mountain Air Development Corporation, Respondent-Intervenor.

Supreme Court of North Carolina.

August 27, 2010.

Attorney(s) appearing for the Case

Southern Environmental Law Center, by J. Blanding Holman, IV, Charleston, Julia F. Youngman, and Geoffrey R. Gisler, Chapel Hill, for petitioner-appellees.

Roy Cooper, Attorney General, by Rufus C. Allen, Assistant Attorney General; and Sueanna Sumpter and Kathryn Jones Cooper, Special Deputy Attorneys General, for respondent-appellant.

McGuireWoods, PLLC, Charlotte, by Benne C. Hutson; and Smith Moore Leatherwood LLP, Greensboro, by Ramona Cunningham O'Bryant, for respondent-intervenor-appellant.

William L. Richards, Bryson City, for Blue Heron Whitewater LLC, Endless River Adventures, Inc., and FB Canoe Racing, Inc., amici curiae.

Duke University School of Law, Durham, by James Patrick Longest Jr. and Michelle Benedict Nowlin, for Catawba Riverkeeper Foundation, Inc., North Carolina Wildlife Federation, Pamlico-Tar River Foundation, White Oak-New Riverkeeper, Western NC Alliance, Yadkin Riverkeeper, American Whitewater and North Carolina Trout Unlimited, amici curiae.

NEWBY, Justice.

The question before the Court in this case is whether respondent North Carolina Division of Land Resources ("DLR") properly issued to respondent-intervenor Mountain Air Development Corporation ("Mountain Air") a variance from the trout waters buffer requirements of N.C.G.S. § 113A-57(1). Because we hold that the variance complied with the statutory restrictions, the decision of the Court of Appeals is reversed.

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