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DARE COUNTY v. NORTH CAROLINA DEPT. OF INS.

Nos. COA09-1171, COA09-1172.

701 S.E.2d 368 (2010)

DARE COUNTY, Town of Nags Head, Town of Southern Shores, Starco Realty & Construction, Inc., Joseph M. Geraghty, Washington County, Currituck County, Hyde County, The Town of Duck, The Town of Southern Shores, Carteret County, The Town of Pine Knoll Shores, The Town of Indian Beach, and The Town of Kill Devil Hills, Petitioners, v. The NORTH CAROLINA DEPARTMENT OF INSURANCE, Commissioner of Insurance Wayne Goodwin and North Carolina Rate Bureau, Respondents. and Dare County, Washington County, Currituck County, Hyde County, Carteret County, New Hanover County, Brunswick County, Chowan County, Perquimans County, Tyrrel[l] County, Pamlico County, Pasquotank County, Town of Nags Head, Town of Duck, Town of Southern Shores, Town of Indian Beach, Town of Pine Knoll Shores, Town of Emerald Isle, Town of Kill Devil Hills, Town of Kure Beach, Town of Cedar Point, Town of Hertford, Starco Realty & Construction, Inc., [and] Joseph M. Geraghty, Petitioners, v. The North Carolina Department of Insurance, Commissioner of Insurance Wayne Goodwin and North Carolina Rate Bureau, Respondents.

Court of Appeals of North Carolina.

November 2, 2010.

Attorney(s) appearing for the Case

Williams Mullen , by M. Keith Kapp , Kevin Benedict , and Jennifer A. Morgan , Raleigh, for petitioner-appellants.

Young Moore and Henderson, P.A., by R. Michael Strickland , William M. Trott , Marvin M. Spivey, Jr. , and Glenn C. Raynor , Raleigh, for respondent-appellee North Carolina Rate Bureau.

Attorney General Roy Cooper , by Daniel S. Johnson , Special Deputy Attorney General, and David W. Boone , Assistant Attorney General, for the respondent-appellees North Carolina Department of Insurance and Commissioner of Insurance.

ERVIN, Judge.

Petitioners1 appeal from an order dismissing their petitions ultimately intended to result in judicial review of a consent order entered by the Commissioner of Insurance. After careful consideration of Petitioners' arguments in light of the record and the applicable law, we conclude that the trial court's order should be affirmed.

I. Factual Background

A. Substantive Facts

1....

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