Save Our Rivers, Inc. v. Town of Highlands

WEBB, Justice.

We note that the holding of the Court of Appeals in this case that the petitioners did not have the right to a contested case hearing in the OAH has been overruled in Empire Power Co. v. N.C. Dept. of E.H.N.R., 337 N.C. 569, 447 S.E.2d 768, reh’g denied, 338 N.C. 314, 451 S.E.2d 634 (1994). There was no appeal in this case from the decision of the Court of Appeals. Although we now know it was erroneous, the holding of the Court of Appeals is res judicata and is the law of this case. King v. Grindstaff 284 N.C. 348, 360, 200 S.E.2d 799, 808 (1973).

The question posed by this…