UPDATE: The 2014 Technical Corrections Act (S.L. 2014-115) made further changes to state regulation of vapor products in correctional facilities. An updated summary of 2014 legislation on this issue is available here.  If you watch television commercials or consume any … Read more

Since 1995, local governments have had express statutory authorization to prequalify bidders for public construction contracts under G.S. 143-135.8. If you look to this statute for guidance on the criteria or process to be used for prequalifying bidders, you will … Read more

As I have previously explained here and here, governmental immunity bars tort claims (negligence, assault, trespass, etc.) against cities and counties for personal injuries or property damage caused by the carelessness or intentional wrongdoing of their personnel in the performance … Read more

If you are a local government official who serves on the TAC of a MPO or RPO, recently enacted legislation makes you subject to civil fines and potential criminal prosecution for failing to file or filing incomplete your SEI and … Read more

In my last blog post I listed and discussed seven points that local governments should take away from King v. Town of Chapel Hill, perhaps the North Carolina Supreme Court’s most significant decision yet on the general police power of local … Read more

If you could change one provision in the Machinery Act, which would it be?  Near the top of my list would be standardizing the deadline for property tax appeals to county boards of equalization and review (“BOERs”). The Machinery Act … Read more

In previous blog posts, I discussed the executive and administrative exemptions to the Fair Labor Standards Act rule that an employee is entitled to overtime pay after working 40 hours in a week. When an exemption applies, the position is … Read more

A decision about a rezoning request is legislative. A review of an application for a special use permit or variance is quasi-judicial. But what about the preliminary plat review? What type of decision is it: administrative, quasi-judicial, or legislative? What … Read more

The United States Constitution includes many provisions that protect persons and entities from government action. For example, the Due Process Clause (Fifth and Fourteenth Amendments) safeguards against arbitrary denial of life, liberty, or property by the government. The Equal Protection … Read more

The Robertsville town council recently adopted three new voting rules: Rule #1: A motion to add an item to the agenda during a council meeting must be approved by a vote of 4/5 of the members present. Rule #2: A … Read more