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OGLESBY v. McCOY

No. 783SC855.

255 S.E.2d 773 (1979)

41 N.C. App. 735

David E. OGLESBY v. Edward G. McCOY, Director of the Marine Fisheries of the North Carolina Department of Natural and Economic Resources and Howard Lee, Secretary of the North Carolina Department of Natural and Economic Resources.

Court of Appeals of North Carolina.

June 19, 1979.

Attorney(s) appearing for the Case

Bennett, McConkey & Thompson by Thomas S. Bennett, Morehead City, for plaintiff-appellant.

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. W. A. Raney, Jr., and Asst. Atty. Gen. Daniel C. Oakley, Raleigh, for defendants-appellees.

CARLTON, Judge.

The primary question for determination is whether the legislature, in enacting G.S. 113-202(j) in 1967, violated the constitutional prohibition of statutes impairing the obligation of contracts. We hold that it did not.

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...

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