Loughlin v. North Carolina State Board of Registration for Professional Engineers & Land Surveyors
Loughlin v. North Carolina State Board of Registration for Professional Engineers & Land Surveyors
Opinion of the Court
Appellants first contend that the trial court erred in its construction of G.S. 89C-13(b) (l)h. They argue that this section, properly construed, does not require the Board to issue a license to practice land surveying to a person who was licensed to practice professional engineering at the time the statute was passed merely upon the timely filing of a written application within one year next after 19 June 1975 and without regard to whether the applicant had engaged in land surveying prior to passage of the act. In support of this contention, appellants argue that G.S. 89C-13(b) (l)h must be construed together with the remaining sections of G.S. Ch. 89C and that, when this is done, a reasonable, consistent, and harmonious construction of the entire chapter requires that the persons to whom G.S. 89C-13(b) (l)h applies be restricted to “Engineers in Land Surveying” as reflected by applications which show that they were regularly engaged in land surveying prior to the effective date of the act. Such a construction, however, ignores the plain language of G;S. 89C-13(b) (l)h. To incorporate into it the limitation which appellants suggest requires both that we ignore the clear and express language which the legislature employed and that we read into the statute by strained judicial construction words which it simply does not contain. Therefore, we reject appellants’first contention and agree with the trial judge that G.S. 89C-13(b) (l)h, as enacted in 1975, does not require that a person duly licensed as a professional engineer when that act was passed show that he had also engaged in the practice of land surveying as a condition to obtaining a license as a registered land surveyor.
In the present case the complaint contains allegations to the effect that the plaintiffs would be seriously, immediately and irreparably harmed if defendants comply with G.S. 89C-13(b) (l)h by issuing the licenses as therein directed, in that plaintiffs’ licenses to practice land surveying would be seriously impaired, their competency would be subject to question, their income would be reduced, and the public’s confidence in the plaintiffs and in their profession in general would be undermined as a result of having unqualified persons licensed to practice in the field of land surveying. It is obvious that these allegations have no application to the corporate plaintiff, the North Carolina Society of Surveyors, Inc., which is identified only as “a corporation dedicated to the improvement of surveying in North Carolina” and which is not alleged to be itself licensed to practice or to be engaged in practicing land surveying in this State. Insofar as these allegations may apply to the three individual plaintiffs, Loughlin, Close, and Duncan, who are alleged to be “registered land surveyors, licensed and prac
Nothing in this opinion should be interpreted as suggesting that we disagree with the trial judge’s expressed view that G.S. 89C-13(b) (l)h is a valid exercise of legislative authority. We hold only that plaintiffs have failed to show standing to challenge its constitutionality in this action.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.