In Re the Protest of Mason Ex Rel. Proposed Lease of Huber

BECTON, Judge.

This case began with the application of Joseph A. Huber to the Marine Fisheries Commission (Commission) to lease public bottom land in Core Sound for clam culture. Clyde Mason, Jr., protested the proposed lease. On 14 April 1984, after an administrative hearing and a final agency hearing, the Commission ordered that the lease be issued to Huber with certain conditions. Following is a more detailed recitation of the facts and procedural history in this case.

I

On 9 July 1982, Huber submitted an application for a lease for shellfish cultivation in a 1.8 acre area of the public…