Legal Opinion

High Rock Lake Ass'n v. North Carolina Environmental Management Commission

Court of Appeals of North Carolina

Decided April 7, 1981No. 8010SC722PublishedCited by 28 opinions

1Opinion of the Court

ARNOLD, Judge.

A declaratory ruling by an administrative agency is subject to judicial review as though it were an agency final decision or order in a contested case. G.S. 150A-17. Article 4 of Chapter 150A defines the judicial review process, and, within that Article, G.S. 150A-51 establishes the scope of review as follows:

Scope of review; power of court in disposing of case. — The court may affirm the decision of the agency or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the petitioners may have been prejudiced because the…

2Cases cited2 opinions

  1. Thompson v. Wake County Board of EducationSupreme Court of North Carolina · 1977
  2. Welch v. KearnsSupreme Court of North Carolina · 1964

3Cited by28 opinions

  1. Frye Regional Medical Center, Inc. v. HuntSupreme Court of North Carolina · 1999
  2. Brooks v. Rebarco, Inc.Court of Appeals of North Carolina · 1988
  3. Jarrett v. N.C. Dept. of Cultural ResourcesCourt of Appeals of North Carolina · 1991
  4. Employment Security Commission v. PeaceCourt of Appeals of North Carolina · 1997
  5. King v. North Carolina Environmental Management CommissionCourt of Appeals of North Carolina · 1993

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