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

An incident involving the police department has riled up the citizens. The manager and the police chief are coming under heavy criticism. Several people have signed up to speak at the regular public comment period at the next council meeting … Read more

The county board of commissioners is holding a public hearing on a controversial rezoning. The hearing has been going on for an hour and there are many interested citizens waiting to speak. The board chair knows the agenda for the … Read more

On Monday morning the River City newspaper contains a story on the new phenomenon of internet sweepstakes parlors – how they operate, how they may be technically different from video poker, and their proliferation around the state. Towards the end … Read more

The proposed rezoning makes poor planning sense.  The neighbors oppose it.  The petitioner is unpopular.  So the governing board votes down the proposal.  How may the petitioner challenge this action (or lack of action)?  If adoption of a zoning amendment … Read more

State law has always required a public hearing prior to the adoption, amendment, or repeal of a development regulation. The statutes are clear about how the hearing notice is to be provided and when it must be made. Notice of … Read more

UPDATE September 2013:  Click here for an analysis by my colleague Trey Allen of the general police power as interpreted by the 2013 North Carolina Court of Appeals case of King v. Town of Chapel Hill.              In North Carolina … Read more