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STATE EX REL. MARTIN v. MELOTT

No. 61PA87.

359 S.E.2d 783 (1987)

320 N.C. 518

STATE of North Carolina ex rel. James G. MARTIN as Governor of the State of North Carolina and as a Citizen of the State of North Carolina v. Robert Arthur MELOTT, Director, Office of Administrative Hearings of the State of North Carolina.

Supreme Court of North Carolina.

September 3, 1987.

Attorney(s) appearing for the Case

Moore and Van Allen by Arch T. Allen, III, and Sarah Wesley Fox, Raleigh, for plaintiff-appellant.

Lacy H. Thornburg, Atty. Gen. by Andrew A. Vanore, Jr., Chief Deputy Atty. Gen. and Thomas F. Moffitt, Raleigh, for defendant-appellee.

WEBB, Justice.

This case brings to the Court the question of whether the General Assembly may delegate to the Chief Justice of the Supreme Court of North Carolina the power to appoint the Director of an agency created by the General Assembly. The appellant contends the Constitution of North Carolina places this power of appointment in the Governor. We believe the resolution of this question depends to a large extent on the interpretation of Article III, Sec. 5(8)...

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