BUSIK v. N.C. COASTAL RESOURCES COM'N

No. COA12-1491.

753 S.E.2d 326 (2013)

Kevan BUSIK, Petitioner, v. NORTH CAROLINA COASTAL RESOURCES COMMISSION; North Carolina Department of Environment and Natural Resources, North Carolina Division of Coastal Management, Respondents, and 1118 Longwood Avenue Realty Corporation, Respondent-Intervenor.

Court of Appeals of North Carolina.

November 5, 2013.


Attorney(s) appearing for the Case

Shanklin & Nichols, LLP, Wilmington, by Kenneth A. Shanklin , and Cynthia W. Baldwin , for Petitioner.

Attorney General Roy Cooper , by Special Deputy Attorney General Mary L. Lucasse and Assistant Attorney General Christine A. Goebel , and Wessell & Raney, LLP, Wilmington, by William A. Raney, Jr. , for Respondents and Respondent-Intervenor.


DILLON, Judge.

Petitioner appeals from an order in which the trial court concluded, as a matter of law, that there was no error in applying a 60-foot setback from the ocean's vegetation line, instead of a 120-foot setback, in connection with a proposed development. We affirm the order of the trial court.

I: Background and Procedural History

This matter involves a dispute regarding the interpretation and application of certain rules governing oceanfront...

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