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OGLESBY v. ADAMS

No. 113.

150 S.E.2d 383 (1966)

268 N.C. 272

Earl OGLESBY v. David A. ADAMS, Commissioner of Commercial and Sports Fisheries of the State of North Carolina, Dan E. Stewart, Director of the Department of Conservation & Development of the State of North Carolina, and Thomas Wade Bruton, Attorney General of the State of North Carolina.

Supreme Court of North Carolina.

October 12, 1966.

Attorney(s) appearing for the Case

Wheatly & Bennett, Beaufort, for plaintiff appellee.

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Millard R. Rich, Jr., for defendants appellants.

PLESS, Justice.

"Contracts to which a state is a party are within the constitutional prohibition against the impairment of the obligation of contracts. An act of a legislature may be an obligation of the state within the constitutional prohibition, and whatever rights are created by such act a subsequent legislature cannot impair. It is a well established principle that a contract to which a state, or a subdivision thereof, is a party is as much within the constitutional...

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