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ADAMS v. NORTH CAROLINA DEPT. OF NATURAL, ETC.

No. 28.

249 S.E.2d 402 (1978)

295 N.C. 683

Jack ADAMS, Claude Brown, Henry Davis, Thurman and Roda M. Lawrence and Crow Hill Properties (a partnership) v. NORTH CAROLINA DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES and North Carolina Coastal Resources Commission, and Alphious K. EVERETT, Sr., Ray Hartsfield, Jr., Julius B. Parker and Liston Yopp v. NORTH CAROLINA DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES and North Carolina Coastal Resources Commission.

Supreme Court of North Carolina.

November 28, 1978.

Attorney(s) appearing for the Case

Turner, Enochs, Foster & Burnley by C. Allen Foster, Wendell H. Ott and E. Thomas Watson, Greensboro, for plaintiffs-appellants.

Rufus L. Edmisten, Atty. Gen., A. C. Dawson, III, Asst. Atty. Gen., W. A. Raney, Jr., Special Deputy Atty. Gen., Raleigh, for defendants-appellees.

John S. Curry, Carrboro, for amicus curiae (Natural Resources Defense Council, Inc., Sierra Club, Conservation Council of North Carolina, New Hope Chapter of The Nat. Audubon Society in support of appellees).

HUSKINS, Justice:

Plaintiffs challenge the constitutionality of the Act on two grounds: (1) The Act constitutes local legislation prohibited by Article II, section 24 of the North Carolina Constitution; and (2) The Act unconstitutionally delegates authority to the Coastal Resources Commission (CRC) to develop and adopt "State guidelines" for the coastal area.

The scope of review exercised by this Court when passing on the constitutionality of a legislative...

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