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Civil Penalties for Violations of State Emergency Orders?

November 30, 2020

[Update (12/14/2020): On December 10, 2020, the North Carolina Department of Justice issued an informal opinion letter that differs from the opinion that I reach in this blog post. In the post, I conclude that cities and counties probably lack … Continued

Civil Penalties and Zoning: Why Fight ‘Em, Just Cite ‘Em

March 10, 2010

The expansion of  a certain nonconforming junkyard and auto salvage yard violates the zoning ordinance, a condition that has existed for some time. Warnings have gone unheeded. The local government has sought to accommodate every promise made that the violator … Continued

Can Cities Keep Ordinance Penalties After Shavitz?

November 6, 2009

Article IX, section 7 of the State Constitution directs that the clear proceeds of all fines and penalties collected for “any breach of the penal laws of the State” be given to the public schools.  Cities have been avoiding this … Continued