State Ex Rel. North Carolina Utilities Commission v. Old Fort Finishing Plant

The first question confronting us is whether this Court has jurisdiction to review decisions of the Utilities Commission on direct appeal “without intermediate review in the superior court.” Western contends G.S. 62-99, which purports to authorize such direct appeal and review, is in conflict with Article IV of the Constitution of North Carolina, as amended by the voters in the General Election held November 6, 1962, specifically Sections 2, 3, 5 and 10 thereof.

The General Assembly, by enactment of Chapter 1165, Session Laws of 1963, “Amended, revised, and recodified” Chapters 56, 60 and 62…