ELR Citation: ELR 20245
No(s). 71-CR-15358 (N.C. Super. Ct. Dec 31, 1971)

Prohibition of "open burning" as opposed to "smokestack burning" by a State Regional Air Pollution Control Board does not constitute an unreasonable classification in violation of the equal protection clause of the North Carolina Constitution. The prohibition of only open burning does not constitute an exclusive privilege granted to industry in violation of the North Carolina Constitution.

Counsel for North Carolina
James Freeman, Asst. Solicitor
Buncombe County Courthouse
Asheville, NC 28802

Counsel for Defendant
George W. Moore
304 Northwestern Bank Building
Asheville, NC 28801