A-S-P Associates v. Raleigh

In A-S-P Associates v. Raleigh, 298 N.C. 207, 258 S.E.2d 444 (1979), the plaintiffs brought an action challenging a city ordinance creating a historic district on the grounds that the General Assembly impermissibly delegated legislative power to the Historic District Commission. Id. Our Supreme Court reasoned that the delegation of the State's police power to municipalities with regard to local problems, such as zoning, has long been an accepted practice, but that delegation with regard to historic district preservation commissions is not unlimited. Id. at 218, 258 S.E.2d at 451. Under N.C.G.S. 160A-400.9(a), the discretion of the preservation commission is limited: "The commission . . . shall take no action under this section except to prevent the construction . . . which would be incongruous with the special character of the landmark or district." Id. In A-S-P Associates, the Court interpreted this phrase to be "a contextual standard." A-S-P Associates, 298 N.C. at 222, 258 S.E.2d at 454. "In this instance the standard of 'incongruity' must derive its meaning, if any, from the total physical environment of the Historic District." Id.