E. Alan Rusher & H & R Towing, Inc. v. Tomlinson

Judge Greene

dissenting.

I disagree that an easement was not required before issuance of a permit to Atlantic Diving and that petitioner is not entitled to a contested case hearing.

This Court has previously determined that a proposed project which “includes a 148-slip marina covering 5.9 acres of public trust waters, requiring the hydraulic excavation of 9 acres of public trust lands” is “an undertaking of [such] magnitude” so as to require an easement from the Department of Administration before receiving a CAMA permit. Walker, 111 N.C. App. at 855, 433 S.E.2d at 769. In this case, Atlantic…