House of Raeford Farms, Inc. v. State ex rel. Environmental Management Commission

MCCRODDEN, Judge.

This appeal presents the issue of whether the superior court erred in reversing a decision of an administrative law judge (ALJ) dismissing petitioners’ petition for a contested case hearing on the basis that the Office of Administrative Hearings (OAH) lacked *229subject matter jurisdiction over the petition which was filed beyond the 60-day time period specified by N.C. Gen. Stat. § 150B-23(f) (1991). Subsidiary issues pertain to whether OAH obtained jurisdiction by virtue of an earlier opinion of this Court in the case and whether petitioners’ initial attack on respondent’s…