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Magistrates and Same-sex Marriages

November 3, 2014

Last month when the federal courts opened the door to same-sex marriages in North Carolina there was a rush to courthouses, where magistrates are the only state officials authorized to perform marriage ceremonies. Some magistrates, because of their religious beliefs, … Read more

Grading North Carolina’s Property Tax System

October 30, 2014

Grade inflation may be rampant in higher education (everybody gets an A at Harvard?) but not at the Council on State Taxation.  Known as “COST,” this trade organization/lobbying group represents businesses concerned about state tax issues.  It recently issued a … Read more

Same-Sex Marriage And Adoptions of a Minor by a Stepparent

October 17, 2014

This post was co-authored by Meredith Smith, Assistant Professor of Public Law and Government, UNC-CH School of Government.  Over the course of the last two weeks, North Carolina federal district court judges in both the western district and the middle … Read more

Ethics and the Role of the Local Government Attorney

October 9, 2014

Following up on Frayda Bluestein’s excellent post about the appointment of new city and county attorneys, I offer answers to frequently asked questions about the proper role of a local government attorney. As always, my advice is guided by the … Read more

Expending Funds After the End of the Fiscal Year

October 2, 2014

It is May 2015 and several of Procrastination Village’s staff members are frantically ordering supplies and equipment to spend down remaining budget appropriations by the end of the 2014-15 fiscal year. As of May 1, the parks and recreation department … Read more

Tax Collection on Surrendered Property

September 25, 2014

What does it mean for local government tax collectors when debtors surrender property in bankruptcy proceedings? Great question! Let’s see what the band Cheap Trick has to say on this topic:   Mommy’s alright, Daddy’s alright, they just seem a … Read more

Legal Authority for Peddler Permit Fees

September 22, 2014

The General Assembly’s enactment of Session Law 2014-3 will eventually result in the elimination of nearly all local privilege license taxes. (My colleague Chris McLaughlin has blogged about the impact of S.L. 2014-3 on local governments here and here.) School … Read more

Property Taxes and Non-Profits

September 19, 2014

The tax status of real and personal property owned or used by charitable non-profit organizations can get complicated when there are multiple private and public entities involved with the property.  Is property exempt if it is owned by a non-profit organization … Read more

Expanded Solid Waste Fee Authority for Counties? Probably Not

September 8, 2014

The General Assembly expanded the categories of allowable expenditures for a county’s solid waste fee proceeds in the 2014 technical corrections act, S.L. 2014-115 (HB 1133). Specifically, section 60 added a new provision to G.S. 153A-292 (section b1) that states … Read more

When to Hold a Referendum: Restrictions and Limitations

September 3, 2014

The 2013 North Carolina General Assembly enacted numerous major election law changes—the introduction of a photo ID requirement to vote, the elimination of same-day registration and voting, the end of straight-ticket voting, and many others. There was a lot to … Read more