ELR Citation: ELR 20799
No(s). 34 (N.C. Aug 31, 1973)

The state supreme court finds it unnecessary to rule on whether a Western North Carolina Regional Air Pollution Agency regulation is invalid as an unconstitutional delegation of legislative power since the warrant charging a criminal violation of the regulation fails to specify facts sufficient to identify the alleged crime. The court cannot take judicial notice of the Agency's creation by two or more municipalities or counties by joint resolution or contract, nor of the contents of any rules or regulations that the Agency may have adopted. Since none of this information is presented in the warrant, the record does not afford a proper basis for passing on whether rules and regulations adopted by the Agency have constitutional validity. A lower court decision quashing the warrant is affirmed.

Counsel for Plaintiff
Robert Morgan Attorney General
Henry T. Rosser Asst. Attorney General
Box 629
Raleigh, NC 27602

Counsel for Defendant
Herbert L. Hyde
Van Winkle, Buck, Wall, Starnes & Hyde
18 1/2 Church Street
Asheville, NC 28807