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A-S-P Associates v. City of Raleigh

Supreme Court of North Carolina

258 S.E.2d 444 (N.C. 1979)

Relevant factsFree

Raleigh's Oakwood ordinances created a historic-district commission staffed by a majority of members with special expertise in history or architecture, empowered only to prevent exterior changes incongruous with the district's historic character; a property owner, Associates (plaintiff), challenged the ordinances as depriving it of property without due process and impermissibly delegating legislative power without adequate standards.

IssueFree

Whether a statute creating a historic district and granting a commission the power to prevent changes incongruous with the historic aspect of the district violates due process if there are adequate safeguards.

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