The U.S. Supreme Court has long held that when a government agency conditions approval of a development permit on the dedication of some property interest, that condition must have an “essential nexus” and “rough proportionality” with the impacts of the … Read more

During the 2012 short session, the General Assembly enacted legislation that covered members of local transportation planning groups, known as RPOs and MPOs, under the State Government Ethics Act (GS Chapter 138A), the same ethics laws that apply to many … Read more

An obligation that many North Carolina counties, school boards and cities have worked under since the mid-1960s ended yesterday. You have probably already read about the United States Supreme Court’s decision in Shelby County, Alabama v. Holder, the challenge to … Read more

UPDATE 3:  In an opinion issued on 12 June 2014, the North Carolina Supreme Court reversed in part and affirmed in part the decision of the North Carolina Court of Appeals.  I have blogged about the opinion here and here. UPDATE … Read more

Last summer, the General Assembly adopted legislation that allows North Carolina counties to make significant changes to how local health and human services are organized and governed. In April, my colleague Aimee Wall wrote a blog post describing the three … Read more

I have been getting many questions lately about the applicability and impact of the federal Prison Rape Elimination Act, or PREA. Specifically, people want to know the extent to which the law and its accompanying regulatory standards apply to local … Read more

Each local government and public authority is required to adopt an annual budget ordinance that recognizes estimated revenues, authorizes expenditures, and levies tax(es) for the forthcoming fiscal year. The Local Government Budget and Fiscal Control Act (LGBFCA), G.S. Ch. 159, … Read more

Many folks have never heard of zoning board of adjustment, but this is a critically important piece of the local development regulation machinery.  Every year these boards hear and decide hundreds of appeals of the interpretation of ordinances made by … Read more

UPDATE November 2013: In June 2013 the United States Supreme Court declared Section 4 of the Voting Rights Act of 1965 unconstitutional.  That ruling made Section 5, discussed in the following post, unenforceable.  See these Coates Canon posts:  Supreme Court’s … Read more

Through the years of local zoning and planning, we have managed to create increasingly complex use lists.  Each local ordinance has its own long list of defined uses, drawing fine lines between similar uses like “parks” and “public recreation facilities,” … Read more

It was big news for tax geeks like me back in early 2011 when the federal government released new regulations controlling garnishments of bank accounts that contain certain federal benefit payments.  The regulations made banks responsible for determining if a garnished account … Read more

In Executive Medical Transportation, Inc. v Jones County Department of Social Services, 735 S.E.2d 352 (NC Ct. App. 2012), disc. rev. den’d, 737 S.E.2d 378 (N.C. 2013), the North Carolina Court of Appeals held that an oral agreement between a … Read more

This may seem like a silly question. Mug shots (more formally, “booking photographs”) are everywhere, posted for free, searchable on line, sold in magazines at convenience stores, and regularly provided by law enforcement agencies. I never considered the question of … Read more

Local governments often find themselves being sued over injuries allegedly caused by their officials or employees.  Such lawsuits sometimes include both tort claims and state constitutional claims premised on the same set of facts.  For example, a plaintiff who believes … Read more

One of the many bills that has drawn public and media attention this spring has been House Bill 150, a bill dealing with residential “design controls.” With certain notable exceptions it generally prohibits zoning or land subdivision regulations related to … Read more

A small restaurant on the edge of town has been in operation for many years.  Rick’s Cafe Carolinian was built in the 1940’s by Vic and Ilsa Laszlo at a time when the surrounding land was only woods and fields.  … Read more

The United States Supreme Court recently upheld a provision in the state of Virginia’s Freedom of Information Act (FOIA), which allows only Virginia citizens to request  public records under the act. The case is McBurney v. Young.  Could a North Carolina local … Read more

It’s not a meeting that anyone wants.  The public works director is going to have to tell the truck driver that his poor performance is threatening his job.  The city manager is going to tell the police chief that a … Read more

Contradictions abound in recent news about the North Carolina real estate market. First, the good news: home sales, home prices, and home construction starts are up.  The North Carolina Association of Realtors reports that home sales through the end of … Read more

How much can a public agency charge for responding to public records requests?  The statute limits charges to a “minimal amount,” which is defined as the “actual cost of reproducing the public record or public information.” G.S. 132-1(b). A separate … Read more