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I Second that Amotion

October 28, 2009

UPDATE September 2013:  A superior court judge affirmed the power of amotion for removal of a county commissioner. The judge’s order is summarized here. With apologies to Smokey Robinson and the Miracles, and with assurances that I haven’t left out … Continued

“Approved as to Form”

October 21, 2009

I sometimes get questions about the ubiquitous “approved as to form,” which appears on official documents, signed by the local government attorney. Is this just typical boilerplate, or is it a legal requirement for a contract, ordinance, or other official … Continued

Postcards from Home Rule States

October 14, 2009

When it comes to local government authority in North Carolina, it’s a lot easier to say what we’re not than what we are. North Carolina is not a home rule state. We’re variously described as a “Dillon’s Rule” or “broad … Continued

Excusing Board Members From Voting

September 16, 2009

State law creates an affirmative duty for local governing board members to vote on matters that come before the board. Last week’s post discussed provisions that allow members to be excused from voting for specific reasons. In all other cases, … Continued

Limited Public Forum Analysis Revisited

August 5, 2009

When it comes to litigation involving freedom of expression in public places, the three-part forum analysis is, by now, pretty familiar. There’s the traditional public forum, the nonpublic forum, and the limited (sometimes called “designated” or “quasi”) public forum.  Courts … Continued