Legal Opinion

Adams v. North Carolina Department of Natural & Economic Resources

Supreme Court of North Carolina

Decided November 28, 1978No. 28PublishedCited by 124 opinions

1Opinion of the Court

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 act is well stated in Glenn v. Board of Education, 210 N.C. 525, 187 S.E. 781 (1936): *690Accord, McIntyre v. Clarkson, 254 N.C. 510, 119 S.E.…

2Cases cited22 opinions

  1. Silver v. SilverSupreme Court of the United States · 1929
  2. Louisville Gas & Electric Co. v. ColemanSupreme Court of the United States · 1928
  3. North Carolina Consumers Power, Inc. v. Duke Power Co.Supreme Court of North Carolina · 1974
  4. Lide v. MearsSupreme Court of North Carolina · 1949
  5. McIntyre v. ClarksonSupreme Court of North Carolina · 1961

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3Cited by124 opinions

  1. In Re the Appeal From the Civil PenaltySupreme Court of North Carolina · 1989
  2. Milardo v. Coastal Resources Management CouncilSupreme Court of Rhode Island · 1981
  3. A-S-P Associates v. City of RaleighSupreme Court of North Carolina · 1979
  4. Williams v. Blue Cross Blue Shield of NCSupreme Court of North Carolina · 2003
  5. Gaston Board of Realtors, Inc. v. HarrisonSupreme Court of North Carolina · 1984

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