LEEUWENBURG v. WATERWAY INV. LTD.

No. 935SC524.

445 S.E.2d 614 (1994)

William C. LEEUWENBURG, Plaintiff/Appellant, v. WATERWAY INVESTMENT LIMITED PARTNERSHIP, a North Carolina Limited Partnership and Fredrick H. Eshelman and wife, Donna G. Eshelman, Roger N. Schecter, Director Division of Coastal Management, North Carolina Department of Environment, Health, and Natural Resources, and Ann S. Hines, Local Permit Officer for Coastal Area Management Act and Zoning Enforcement Officer, New Hanover County, North Carolina, Defendants/Appellees.

Court of Appeals of North Carolina.

July 19, 1994.


Attorney(s) appearing for the Case

Shipman & Lea by Gary K. Shipman, Wilmington, for plaintiff-appellant.

Atty. Gen. Michael F. Easley by Sp. Deputy J. Allen Jernigan, Raleigh, and Asst. Atty. Gen. Jill B. Hickey, for defendants-appellee Schecter.

Murchison, Taylor, Kendrick, Gibson & Davenport by Michael Murchison, Wilmington, for defendant-appellees Eshelman.

Asst. County Atty. Kemp P. Burpeau, Wilmington, for defendant-appellee Hines.

Kenneth M. Kirkman, Morehead City.


MARTIN, Judge.

Plaintiff's sole assignment of error is to the trial court's dismissal of his complaint pursuant to G.S. § 1A-1, Rule 12(b)(6). We agree with the trial court that the present action is precluded by plaintiff's failure to exhaust the administrative remedies provided by CAMA to seek review of the permit decision. Accordingly, we affirm the order dismissing this action.

When the record shows that there is no basis for declaratory relief, or...

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