Local elected officials come from all walks of life.  Farmers, teachers, architects, car dealers, insurance agents, realtors . . . you name the occupation and it’s a sure bet someone with that experience is serving on a city council or … Read more

So the county granted initial approval for a large residential subdivision.  Now, after completing some (but not all) of the roads and infrastructure, the developer wants final plat approval so she can close on the first round of lot sales.  … Read more

My last post discussed the new design-build construction method authorized by the General Assembly during the 2013 Session.  S.L. 2013-401/H857 created not only a design-build construction contracting process, but also a construction contracting process called design-build bridging.  Enacted as G.S. … Read more

The closed session meeting was contentious. Three of the five board members were ready to fire the manager. They were going off the board and were anxious to push for a vote on the dismissal before the election in November. … Read more

Those familiar with local government construction contracting know the drill – put out an RFQ to hire an architect or engineer to design the project and then bid the construction work. But what if a local government wants to hire … Read more

Local governments make hundreds of decisions every day under local development regulations.  Permits are issued or denied.  Enforcement actions are initiated.  Ordinance provisions are interpreted.  Property is rezoned.  Ordinances are amended.  When a local government is considering these, does it … Read more

May a unit pledge town hall as security for an installment finance loan, where the borrowed monies will be used to fund road and sidewalk construction and improvements? If a municipality issues revenue bonds to fund an expansion to its … Read more

The driveway will be the end of the road. So sings Miley Cyrus in the song “Driveway.” Actually, Miley, a driveway normally is just one access point along a road, not necessarily the road’s end.  But I’m not sure that … Read more

Just over a year ago the North Carolina Supreme Court upheld the constitutionality of G.S. 14-306.4, the law that was intended to ban all video and internet sweepstakes parlors.  My colleagues and I blogged about the ruling here, here, and … Read more

When we cast our votes in North Carolina, we elect candidates to lots of offices.  With what is sometimes referred to as the “long ballot,” we vote more than 5,000 fellow citizens into office. Who are they?  For the most … Read more

Under state law a local government official or board may determine that a dog is “potentially dangerous.” When that happens, the dog’s owner has a right to appeal the decision. What rules govern these appeals? The statute is a little … Read more

Have you paid your “Tag and Tax Together” yet? If you haven’t, you soon will. As of September 1, 2013, everyone who registers a motor vehicle in North Carolina will be required to pay at the time of registration not … Read more

Employees in “exempt” positions are not entitled to overtime pay, even if they work sixty hours or more in a single workweek. How does an employer determine whether a position is exempt under the Fair Labor Standards Act? A position … Read more

News outlets regularly report about the latest company that was lured to North Carolina through the payment of a cash economic development incentive by a local government and the state. Local government cash incentives often take the form of an … Read more

December brings thoughts of gifts: gifts for hard-working employees, gifts for outgoing board members and retiring employees, and gifts from vendors and contractors. May public money be spent on gifts for employees or board members? May local governments honor outgoing … Read more

Hotly debated before its enactment and challenged in lawsuits since, North Carolina’s new photo identification requirement for voting goes into effect in 2016. Is it a genuine bulwark against fraud, providing confidence in elections, or is it a partisan attempt … Read more

Fred uses a county truck to go from inspection site to inspection site.  The truck is for work use only.  The inspections make up most of Fred’s work day.  His supervisor suspects that Fred is goofing off at times he … Read more

So you’ve got this extraterritorial planning jurisdiction, but how do you get rid of it? Fair question.  The statutes give clear procedures for establishing extraterritorial jurisdiction, or ETJ, but there is less clarity for relinquishment.  A good rule of thumb … Read more

Consider these three scenarios regarding potential appeals to the zoning board of adjustment.  Scenario 1.  Marge Simpson has worked for decades to improve her neighborhood.  Several years ago the town adopted a new plan that called for the neighborhood to … Read more

Two new members have been elected to the Pleasantville town council and are scheduled to be sworn in at the December meeting. A special meeting has been called for November 25, at which the current board plans to address several … Read more