In my last blog I said I would address the question of whether, after members-elect take office, the new board can undo things the “lame duck” board has done. This discussion includes the concept of “binding future boards,” although in … Read more

Wouldn’t it be nice if local governments, developers, and neighbors could sit together, talk through controversial large development proposals, and work to reach consensus about what would be a good project for all concerned? Wouldn’t it be nice if at … Read more

I am often asked, what animal control services MUST local governments provide?  The question may come from local officials who are in the process of evaluating their options.  Perhaps money is tight and they are considering dropping some animal control … Read more

UPDATE August 2013: For additional limitations regarding the provision of cable and broadband services by municipalities, click here. I have recently received several phone calls asking me about the statute that prohibits local governments from making a profit on operations … Read more

Update April 2010. For a more detailed review of this issue see the following article: Addressing Climate Change Locally: North Carolina Local Government Financing Programs for Private Energy Efficiency Projects. Local governments across the country are becoming increasingly involved in … Read more

The proposed rezoning makes poor planning sense.  The neighbors oppose it.  The petitioner is unpopular.  So the governing board votes down the proposal.  How may the petitioner challenge this action (or lack of action)?  If adoption of a zoning amendment … Read more

A New York Times article on Friday covered Pfizer’s announcement that it will be leaving New London, Connecticut, the city at the center of the landmark eminent domain case, Kelo v. City of New London, 545 U.S. 469 (2005). In Kelo, a 5­‑4 majority … Read more

Article VI, section 7 of the State Constitution sets out an oath of office that is to be taken by any person elected or appointed to a public office, basically swearing to uphold the constitution and laws of the United … Read more

An interesting government attorney-client privilege issue arose amidst the media hoopla surrounding former governor Mike Easley’s appearance before the state Board of Elections last month. Ruffin Poole, an attorney who served as executive counsel to then-Gov. Easley, sought to avoid testifying before the board based … Read more

May a local government or public authority that provides utility or public enterprise services disclose its customer billing information in each of the following scenarios?  (a)  A customer’s relative wants to know if the customer is delinquent on his utility payments; … Read more