Holly Ridge Associates, LLC v. North Carolina Department of Environment & Natural Resources

For the reasons stated below, I respectfully dissent from the majority opinion.

Initially, Petitioner argues that it was legal error for the Administrative Law Judge (“ALT’) to allow the North Carolina Shellfish Growers Association (“Shellfish Growers”) and the North Carolina Coastal Federation (“Coastal Federation”) to intervene in this matter. The majority has determined that this case must be analyzed pursuant to the legislature’s explicit statutory provisions governing intervention in a contested case petition. See supra. Although I agree with the majority that it is appropriate to analyze…