WHITTINGTON v. N.C. DEPT. OF HUMAN RES.

No. 8910SC405.

398 S.E.2d 40 (1990)

100 N.C. App. 603

Rankin WHITTINGTON, Daniel C. Hudgins, Dr. Takey Crist, Dr. Gwendolyn Boyd and Planned Parenthood of Greater Charlotte, Inc., Plaintiffs, v. The NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, David Flaherty, in his capacity as Secretary of the North Carolina Department of Human Resources, The North Carolina Social Services Commission, and C. Barry McCarty, in his capacity as Chairperson of the North Carolina Social Services Commission, Defendants.

Court of Appeals of North Carolina.

November 20, 1990.


Attorney(s) appearing for the Case

Ferguson, Stein, Watt, Wallas, Adkins & Gresham, P.A. by Leslie J. Winner and Thomas M. Stern, Charlotte, for plaintiff-appellees.

Maupin Taylor Ellis & Adams, P.A. by Charles B. Neely, Jr. and Robert A. Cohen, Raleigh, for defendant-appellants.


ORR, Judge.

We begin by noting that although this case arises in the context of controversial regulations pertaining to state funded abortions, this case is not about abortions. Rather, it is a case solely about administrative rule-making authority and whether the trial court erred in granting summary judgment in favor of plaintiffs in regard to that question. For the reasons below, we find that the trial court did not err.

Under N.C.Gen.Stat. § 1A-1...

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