Deep River Citizens Coalition v. North Carolina Department of Environment, Health & Natural Resources

3 Citing cases

  1. Deep River Citizens' v. N.C. Department of Envir

    560 S.E.2d 814 (N.C. Ct. App. 2002)   Cited 6 times

    However, in 1995, this Court reversed the trial court, stating the trial court did not have jurisdiction because petitioners failed to exhaust their administrative remedies before the Office of Administrative Hearings. See Deep River Citizens' Coalition v. DEHNR, 119 N.C. App. 232, 457 S.E.2d 772 (1995). The Water Authority sought to reclassify the portion of the Deep River where the reservoir will be built from Class-C waters to WS-IV waters so that it could be used as a water supply.

  2. Hedgepeth v. N.C. Div. of Servs

    142 N.C. App. 338 (N.C. Ct. App. 2001)   Cited 26 times
    Stating that jurisdictional issues "can be raised at any time, even for the first time on appeal and even by a court sua sponte"

    It is well established that "the superior court is without jurisdiction to conduct a judicial review of an agency decision sought by an aggrieved party, pursuant to [section] 150B-43, who has not first had the administrative hearing to which he is entitled." Deep River Citizens Coalition v. N.C. Dept. of E.H.N.R., 119 N.C. App. 232, 234, 457 S.E.2d 772, 774 (1995) (emphasis added). The NCAPA states, in pertinent part:

  3. Vance Construction Co. v. Duane White Land Corp.

    127 N.C. App. 493 (N.C. Ct. App. 1997)   Cited 3 times

    It is irrelevant that the parties consented to the motion being heard in Edgecombe County, as subject matter jurisdiction "`cannot be conferred upon a court by consent, waiver, or estoppel.'" Deep River Citizens Coalition v. N.C. Dept. Of E.H.N.R., 119 N.C. App. 232, 235, 457 S.E.2d 772, 774 (1995) (quoting State v. Earley, 24 N.C. App. 387, 389, 210 S.E.2d 541, 543 (1975)). For the above reasons, the order granting plaintiff's motion for relief pursuant to N.C. Gen. Stat. ยง 1A-1, Rule 60(b)(5) is vacated and the case is remanded to the Warren County Superior Court.