Conservation Council of North Carolina v. Haste

EAGLES, Judge.

The issue before us is whether appellants are entitled to a contested case hearing under the Coastal Area Management Act (CAMA) to contest the Department of Transportation’s decisions as to what measures are appropriate to protect the southern end of the Herbert C. Bonner Bridge from erosion. We hold that appellants are entitled to a contested case hearing.

Petition for Contested Case Hearing

Petitioners requested a contested case hearing under G.S. 113A-121.1(b) which provides:

A determination of the appropriateness of a contested case ... shall be based on whether the person…