STARK v. N.C. DENR, DIV. OF LAND RESOURCES

No. COA12-449.

736 S.E.2d 553 (2012)

Rufus STARK and Betty Stark, Petitioners, v. N.C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF LAND RESOURCES, Harrison Construction, Division of APAC Atlantic, Inc., and the North Carolina Mining Commission, Respondents.

Court of Appeals of North Carolina.

December 18, 2012.


Attorney(s) appearing for the Case

Stark Law Group, PLLC, Chapel Hill, by Thomas H. Stark , for petitioner appellants.

Attorney General Roy Cooper , by Assistant Attorneys General Sueanna P. Sumpter , Rufus Allen , and Special Deputy Attorney General Kathryn Jones Cooper , for the North Carolina Department of Environment and Natural Resources, Division of Land Resources, and the North Carolina Mining Commission respondent appellees.

Roberts & Stevens, PA, Asheville, by William Clarke ; and Deborah Murphey , for Harrison Construction, Division of APAC Atlantic, Inc., respondent appellee.


McCULLOUGH, Judge.

Rufus Stark and Betty Stark ("petitioners") appeal from an order of the trial court affirming the Final Agency Decision of the North Carolina Mining Commission (the "Mining Commission"). We affirm.

I. Background

Respondent Harrison Construction, Division of APAC Atlantic, Inc. ("Harrison"), holds Mining Permit No. 22-06, authorizing operation of a crushed stone quarry known as the Hayesville Quarry in Clay County, North...

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