BATSON v. COASTAL RESOURCES COMMISSION (2023)

Supreme Court of North Carolina.

Hollis L. BATSON and Carol D. Batson; Lawrence F. Baldwin and Elizabeth C. Baldwin; Baldwin-Batson Owners’ Association, Inc. v. COASTAL RESOURCES COMMISSION and North Carolina Department of Transportation

No. 94A22

Decided: October 20, 2023

I. Clark Wright Jr., New Bern, for petitioner-appellees. Joshua H. Stein, Attorney General, by Mary L. Lucasse, Special Deputy Attorney General, for respondent-appellant Coastal Resources Commission. No brief for respondent-appellee North Carolina Department of Transportation.

Justice DIETZ did not participate in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the decision of the Court of Appeals. Accordingly, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See City of Charlotte v. Univ. Fin. Props., LLC, 373 N.C. 325, 837 S.E.2d 870 (2020) (per curiam) (affirming by an equally divided vote a Court of Appeals decision without precedential value).

AFFIRMED.

PER CURIAM.

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