Legal Opinion
Walker v. N.C. Department of Environment, Health & Natural Resources
Court of Appeals of North Carolina
Decided September 7, 1993No. 923SC348PublishedCited by 5 opinions
1Opinion of the Court
COZORT, Judge.
The dispositive issue presented by this appeal is whether the Department of Administration must grant an easement for the construction of a commercial marina by a private developer over public trust waters pursuant to N.C. Gen. Stat. § 146-12 (1991) and N.C. Admin. Code tit. 1, r. 6B.0605 (June 1987). We answer in the affirmative and hold the trial court erred in upholding an order of the Coastal Resources Commission issuing a development permit to respondent without the granting of an easement by the Department of Administration.
On or about 25 September 1989, the Oriental…
2Cases cited2 opinions
- Shepard's Point Land Co. v. Atlantic HotelSupreme Court of North Carolina · 1903
- Weeks v. North Carolina Department of Natural Resources & Community DevelopmentCourt of Appeals of North Carolina · 1990
3Cited by5 opinions
- E. Alan Rusher & H & R Towing, Inc. v. TomlinsonCourt of Appeals of North Carolina · 1995
- Walker v. North Carolina Coastal Resources CommissionCourt of Appeals of North Carolina · 1996
- Walker v. NC COASTAL RESOURCES COM'NCourt of Appeals of North Carolina · 1996
- E. Alan Rusher & H & R Towing, Inc. v. TomlinsonCourt of Appeals of North Carolina · 1995
- Walker v. NC DEPT. OF ENVIR. HEALTHCourt of Appeals of North Carolina · 1993