Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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Record #:
20581
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This bulletin presents a broad review of questions that arise under the authorization for closed sessions, which has been the subject of four court of appeals decisions in recent years and undertakes a detailed consideration of the authorization, both to review the recent decisions and to discuss other aspects of the statutory language.
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20582
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ThisbBulletin discusses a Court of Appeals decision, August 6, 2002, Boney Publishers, Inc. v. Burlington City Council, which addresses the purchase of real property and the circumstances in which the name of the landowner, the location of the property, and the city's proposed use of the property are not material terms of a contract to acquire property. Consequently the local government is obliged to disclose those facts in open session.
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Record #:
20780
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This bulletin reviews North Carolina case law on using mandamus to require enforcement of local ordinances. A Writ of Mandamus, when issued, directs a public officer to perform a specific duty. It exists to relieve the frustration of persons who are entitled to have an officer take a specific action but face a persistent refusal by the officer top do so. The NC Supreme Court identified five elements necessary to a successful mandamus suit.
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Record #:
20782
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This bulletin analyzes the free public services doctrine that denies recovery against a person or agency that commits a civil wrong, either intentionally or through negligence by a governmental agency that has incurred costs in remedying the public health or public safety hazards caused by the person or agencies' negligence.
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Record #:
22031
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This bulletin is an annotated catalog of exceptions and special rules that are judicially created for the benefit of counties, cities, and other types of local government entities.
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Record #:
28712
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The Tax Reform Act of 1986 imposes new reporting requirements for certain real estate transactions in North Carolina. This bulletin discusses the definition of real estate transaction in the temporary regulations and how it affects local government transactions.
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Record #:
28726
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The 1993 North Carolina General Assembly enacted a new statute for records compiled during law-enforcement investigations. This bulletin offers a number of observations on specific provisions in the statute regarding confidentiality and public access to information.
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Record #:
28729
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This bulletin addresses questions about when a local government can request or require social security numbers, and what happens when a citizen refuses to provide this number to the government. Federal statutes and general public records law in North Carolina are discussed.
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Record #:
28736
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The 1994 North Carolina General Assembly made changes to the open meetings law, including the definition of a public body, and authorizations to hold closed sessions. This bulletin discusses the changes and identifies some of the areas of uncertainty.
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Record #:
2861
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Cities are required by statute to provide utilities to annexed areas. However, they have the discretion to consider factors like remoteness of a person asking for service and cost of service extension when granting or refusing service requests.
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