Empire Power Co. v. N.C. Department of Environment, Health & Natural Resources

GREENE, Judge.

The North Carolina Department of Environment, Health and Natural Resources, Division of Environmental Management (DEHNR) and Duke Power Company (Duke) appeal from dismissal of their petition for writ of certiorari to review the Order by an Administrative Law Judge (ALJ) denying their motions to dismiss for lack of subject matter jurisdiction over a third party’s petition for contested case hearing. Although we are compelled to dismiss this appeal because the record does not contain a certificate of service of the notice of appeal as required by Rule 26 of the North Carolina…