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BOWENS v. BD. OF LAW EXAMINERS, ETC.

No. 8110SC544.

291 S.E.2d 170 (1982)

Larry Dean BOWENS, D. Lester Diggs, William R. Fewell, Jr., Clifton Edward Graves, Jr., Fred Harrison, Karen Iantha Jackson, Michelle Jackson, Earl Frederick Jones, Nay L. Malloy, Emery L. Rann, III, and Denise Majette Welch v. The BOARD OF LAW EXAMINERS OF the STATE OF NORTH CAROLINA; Robert C. Howison, Jr., Individually and in his representative capacity as Chairman of the Board of Law Examiners of the State of North Carolina, Horace E. Stacy, Jr., W. H. McElwee, Walter R. McGuire, Frances I. Parker, Eric C. Michaux, James Mullen, C. Edwin Allman, John T. Alled, John D. Warlick, Jr., and James L. Nelson, Individually and in their representative capacities as members of the Board of Law Examiners of the State of North Carolina, and Fred P. Parker, III, Individually and in his representative capacity as Executive Secretary to the Board of Law Examiners of the State of North Carolina.

Court of Appeals of North Carolina.

May 4, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Sp. Deputy Atty. Gen. and Sp. Asst. Atty. Gen. David S. Crump, Raleigh, for the State.

Malone, Johnson, DeJarmon & Spaulding, by C. C. Malone, Jr., Durham, for plaintiffs-appellants.

MORRIS, Chief Judge.

Plaintiffs allege that G.S. 84-24 affects their fundamental human right to practice their chosen profession and that the statute is an unconstitutional delegation of legislative authority; therefore, they have stated a cause of action for declaratory judgment under G.S. 1-253 and defendants' Rule 12(b)(6) motion was improvidently granted. We disagree and hold that dismissal was proper.

The complaint is couched partly in terms of an alleged...

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