With new county commissioners, school board members, and  municipal councilpersons being sworn in after last month’s local elections, the face and voice of the client has changed for more than one local government attorney.  What happens when one of those … Read more

The Fourth Amendment to the United States Constitution provides, in part, that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizure, shall not be violated.” In the context of … Read more

The new smoking law, S.L. 2009-27, not only prohibits smoking in most bars and restaurants across the state but it also significantly expands local governments’ authority to regulate smoking. Beginning January  2, 2010, local governments may adopt and enforce ordinances, … Read more

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