McHugh v. North Carolina Department of Environmental, Health & Natural Resources

McGEE, Judge.

Petitioner contends the trial court erred in upholding DEHNR’s final agency decision. Specifically, petitioner argues the record contains insufficient evidence to support a violation of the SPCA and the agency erred as a matter of law in assessing the civil penalty. The proper standard for the superior court’s judicial review of a final agency decision “depends upon the particular issues presented on appeal.” Act-Up Triangle v. Commission for Health Services, 345 N.C. 699, 706, 483 S.E.2d 388, 392 (1997); Amanini v. N.C. Dept. of Human Resources, 114 N.C. App. 668, 674, 443…