Bryant v. Hogarth

JOHN, Judge.

Plaintiffs appeal the trial court’s order granting defendants’ “motion to dismiss for lack of subject matter jurisdiction.” The court determined plaintiffs “failed to exhaust the administrative remedies provided by the N.C. Administrative Procedure Act, N.C. Gen. Stat. § 150B-1 et seq.” We affirm the ruling of the trial court.

Relevant background information and procedural history are as follows. In 1969, Mrs. Garland W. Yopp (Yopp), plaintiffs’ predecessor in title to the franchise to cultivate and harvest shellfish (the franchise) at issue herein, registered her claim pursuant to…