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Outdoor Advertising: Winning the Preemption Game

March 24, 2011

UPDATE September 2013:  Legislation adopted by the 2013 General Assembly extends state law preemption to existing outdoor advertising signs that conform to state rules and local ordinances.  Section 8(b) of S.L. 2013 – 413 adds a new G.S. 136-131.2 to … Read more

Self-Executing Constitutional Provisions

March 23, 2011

This session, legislators have introduced bills (House Bill 87, Senate Bill 67) proposing to amend the North Carolina Constitution to create a right of access to public records, and to require that all meetings of public bodies be open. The law … Read more

Is This Spot Legal?

March 9, 2011

At long last Malcolm Tucker had found a spot to locate his nightclub. After several failed attempts to locate his club in town, he decided to move out to the county. He found a vacant lot a couple of miles … Read more

Funding Options for Municipal Fire Services

March 3, 2011

Counties and municipalities in North Carolina are not required to furnish (or fund) fire protection services for their citizens, but many local governments provide, or contract for the provision of, these services within their units. And, typically that fire protection … Read more

Repealing a City Charter

March 2, 2011

Pop quiz time: The General Assembly can unincorporate a city in North Carolina by local act, with or without a vote of the citizens of the city. True or False? The answer is “true.” Faculty members here at the School … Read more

Normal Pattern: Census, Redistricting, Lawsuits

March 1, 2011

UPDATE February 2017:  Six years after the posting of the discussion below and just three years before the next 10-year census, several lawsuits challenging the redistricting of North Carolina’s legislative and Congressional districts remain in active litigation.  The pattern has … Read more

Signed, Sealed, Delivered: When Sealed Bids Are Required

February 23, 2011

Your school system is bidding out a $1.2 million school construction project. Because the total cost of the project will exceed the formal bidding threshold for construction and repair ($500,000), you’ve advertised for formal bids. The bids are due tomorrow … Read more

Is Metadata a Public Record? An Analysis Under Federal FOIA

February 18, 2011

UPDATED: June 22, 2011. The court withdrew the opinion analyzed below on June 17, 2011. See National Day Laborer Organizing Network v. United States Immigration and Customs Enforcement Agency (S.D.N.Y. June 17, 2011). Although the opinion no longer has any precedential value, … Read more

Zoning and Satellite Annexations

February 17, 2011

One of these days the developer of a proposed new energy-efficient open-space development (Greenfields) will come calling on the city. It will propose that the city satellite annex the Greenfields property, located almost a mile outside of town. Greenfields will … Read more

Bankruptcy and Tax Collection

February 10, 2011

    I love a good flowchart.  To me, nothing can simplify a complex process better than a well designed flowchart.  Wouldn’t it be wonderful if we had flowcharts to help us navigate some of life’s more difficult decisions? Flowcharts would … Read more

Counting the Days

February 9, 2011

Paul Purchaser is putting the final touches on his first Invitation for Bids (IFB) for Carolina City, and he’s trying to figure out when he has to place the advertisement for the IFB in the newspaper. He knows the formal … Read more

County Fire Tax Districts

February 3, 2011

Counties and municipalities in North Carolina are not required to furnish (or fund) fire protection services for their citizens, but many local governments provide, or contract for the provision of, these services within their units. And, typically that fire protection … Read more

Filling a Vacancy on the Town Council

February 2, 2011

Judy Bailey was not just a member of the town council. She was well-known in town for her dog training business and often entertained at local events with her troupe of trained poodles. So it was no surprise when she … Read more

Using Social Security Numbers for Local Tax Administration

January 27, 2011

Continuing with the theme of Kara Millonzi’s post last week on the use of Social Security numbers by local governments for utility services, this post focuses on how Social Security numbers can be used by local governments for the administration … Read more