Posts Tagged ‘Preemption’

King v. Town of Chapel Hill: The Supreme Court Issues a Major Decision on the Police Power of Local Governments (Part 2)

Tuesday, July 22nd, 2014

In my last blog post I listed and discussed seven points that local governments should take away from King v. Town of Chapel Hill, perhaps the North Carolina Supreme Court’s most significant decision yet on the general police power of local governments. Part 1 of my analysis focused primarily on the portions of King that uphold the […]

Preempted? Let Me Count The Ways.

Monday, September 30th, 2013

One of the basic principles of local government law in North Carolina is that cities and counties have only those powers delegated to them by the General Assembly.  Another is that any action taken by a local government must be consistent with state and federal law.  Within broad constitutional parameters, the legislature may expand or contract […]

Outdoor Advertising: Winning the Preemption Game

Thursday, March 24th, 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 provide as follows:             § 136-131.2. Modernization of outdoor advertising devices. No municipality, county, local […]

Yer Cheat’n Heart, Tattoos, the First Amendment, and Preemption

Tuesday, September 28th, 2010

“Where do you go in this town to get a tat, to find someone who can sling some ink? I wanna find somebody like they have on L.A. Ink that can do some real work on me. You know, a real artist. Might try one with my woman Marlene sitting on a fire-breathing dragon. Maybe […]