Associated Mechanical Contractors, Inc. v. Payne

FRYE, Justice.

In the instant case, we must determine whether the Court of Appeals was correct in its evaluation of an order of the superior court sitting in review of a final decision of an administrative agency. We conclude that the Court of Appeals erred in its review of the superior court’s order and that the superior court did not err in affirming the final decision of the North Carolina Safety and Health Review Board (Review Board).

In the spring of 1990, petitioner, Associated Mechanical Contractors, Inc. (AMC), was constructing a wastewater treatment plant in Albemarle, North Carolina.…