North Carolina Statutes
§ 113-406 — Effect of pendency of judicial review; stay of proceedings
North Carolina·Ch. 113 Conservation and Development·Art. 4 of Chapter 150B of the General Statutes governs judicial review of a decision or order made under this Article. (1945, c. 702, s. 23; 1973, c. 1262, s. 86; 1987, c. 827, s. 118.)·Subch. V OIL AND GAS CONSERVATION
The filing or pendency of the application for judicial review provided for in this Article shall not in itself stay or suspend the operation of any order or decision of the Department, but, during the pendency of such proceeding the court, in its discretion, may stay or suspend, in whole or in part, the operation of the order or decision of the Department. No order so staying or suspending an order or decision of the Department shall be made by any court of this State otherwise than on five days' notice and, after a hearing, and if a stay or suspension is allowed the order granting the same shall contain a specific finding, based upon evidence submitted to the court and identified by reference thereto, that great or irreparable damage would otherwise result to the petitioner and specifying
Free access — add to your briefcase to read the full text and ask questions with AI
North Carolina § 113-406 (Effect of pendency of judicial review; stay of proceedings) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Nearby Sections
15
§ 113-1
Meaning of terms§ 113-127
Application of Article§ 113-129
Definitions relating to resources§ 113-132
Jurisdiction of fisheries agencies§ 113-134
Rules