When a city, county, or other unit of local government is sued for negligence or other torts, it’s common practice for the unit’s attorney to file a motion asking the trial court to dismiss the lawsuit based on the defense … Read more

The Town of Manicure has been working hard to revitalize the historic neighborhood adjacent to downtown. As part of the effort to improve conditions in this and other neighborhoods, the town has been more vigilant in enforcing its overgrown lot … Read more

Article VI, Section 7 of the North Carolina Constitution instructs anyone elected or appointed to public office in this state to take and subscribe – that is, swear (or affirm) and sign – the oath prescribed therein before entering upon … Read more

Scenario 1: A city council has six members and no vacant seats.  Three of the members fail to show up for this month’s regular meeting, leaving only the mayor and the other three members in attendance. Scenario 2: The same … Read more

UPDATE 4: On 30 March 2017, the Governor signed legislation repealing HB2.  Some of the implications of the repeal are examined in blog posts available here and here. UPDATE 3: On 26 August 2016, the federal district court judge who … Read more

I am often asked about the steps that local governments may take to enforce their ordinances. This blog post describes the basic enforcement options available to cities and counties.  It is adapted from a section of my chapter General Ordinance … Read more

The Upsette City Council adopted a controversial ordinance limiting the number of dogs and cats per residence.  Three of the council’s five members lost their seats at the next election to opponents who campaigned on pledges to repeal the pet … Read more

It is an understatement to say that this year’s session of the General Assembly produced legislation of interest to local governments.  Some of that legislation has been discussed by my colleagues elsewhere on Coates’ Canons.  (See, for example, here, here, … Read more

My colleague Chris McLaughlin has blogged repeatedly about the legal impact of the General Assembly’s repeal last year of the statutory authority for most local privilege license taxes (“LPLTs”). (See his blog posts here, here, and here.) Local governments – … Read more

A five-member city council is debating a motion to adopt the proposed budget for the upcoming fiscal year. Eager for more time to persuade others to support increased funding for some of his priorities, Councilmember Tom Delay moves to postpone … Read more