Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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137 results
for "Local Government Law Bulletin"
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20557
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This bulletin examines statutes and case law from other jurisdictions in order to provide guidance to North Carolina public contracting officials who are faced with decisions about whether a withdrawn bid from a contractor based on a mistake is proper.
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20558
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This bulletin discusses three decisions of the courts of appeals regarding local governments' attempts to control the disposal of solid waste by using measures crafted to avoid the discriminatory aspects of flow control found invalid by the U.S. Supreme Court in C&A Carbone, Inc. v. Town of Clarkstown.
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20559
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This bulletin attempts to answer the question: Under what circumstances, if any, may local governments make contributions to churches or religiously affiliated organizations without violating the separation of church and state mandated by the US Constitution?
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20560
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In 1995, the NC General Assembly increased the threshold at which multi-prime bidding is required for public building projects from $100,000 to $500,000. At the same time the General Assembly authorized local governments and state agencies to request approval from the State Building Commission (SBC) to use alternative contracting methods. This bulletin describes the rules and procedures the SBC has developed to implement the statutory authorization and summarizes the SBC's disposition of applications it has received so far.
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20562
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North Carolina statutes give cities and towns limited authority in the process by which permits are issued for the construction and operation of sanitary landfills, an authority that is relatively new and is untested in court. This bulletin analyzes the role given local governments and concludes that they have not been granted the unrestricted power to veto a permit application for construction and operation of sanitary landfills.
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Record #:
20564
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The NC General Assembly has enacted significant changes in the laws governing local government purchasing and property disposal that will become effective July 1, 1997. This bulletin summarizes those changes.
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Record #:
20567
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This bulletin reviews solid waste management legislation enacted by the 1997 session of the NC General Assembly. Among the legislation are laws for departmental reorganization, brownfields property, dry-cleaning solvent contamination, and scarp tire disposal tax.
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Record #:
20570
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A number of North Carolina cities and towns are seeking to attract new business by offering incentive grants linked to property taxes. This means that a business that invests money in a new plant and equipment would receive property tax relief for a specified number of years. In essence the local government is refunding part of the taxes paid on property and creating a partial exception of the property from taxation. This bulletin examines whether such action is legal under the NC Constitution.
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Record #:
20572
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This bulletin addresses questions that arose after a 1997 law made several changes to the competitive bidding laws that apply to local government contracts, including a new exception commonly referred to as the \"piggybacking\" exception.
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Record #:
20573
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At present no North Carolina court case has addressed this issue. This bulletin analyzes how a court might apply the bidding statutes to local government computer software contracts, drawing analogies to similar inquiries under the sales tax law and the Uniform Commercial Code.
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20575
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Regulatory fees are fees charged by local governments for the regulatory services they provide, such as issuing building permits, reviewing subdivision plans, or performing building inspections. The general purpose of these fees is to recover some or all of the costs associated with regulatory services. This bulletin examines the constitutionality of imposing on nonresidents higher regulatory fees than those imposed on residents.
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Record #:
20576
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This bulletin discusses three U.S. Courts of Appeals cases that show the continuing ingenuity of state and local governments in avoiding the C&A Carbone, Inc. v. Town of Clarkstown prohibition against flow control ordinances and the willingness of the federal courts of appeals to uphold these arrangements.
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Record #:
20577
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In Multi-Media Publishing of North Carolina, Inc. v. Henderson County, decided on February 15, 2000, the NC Court of Appeals explored the contours of the open meetings law provision that allows a public body to hold a closed session to \"consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body.\"
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Record #:
20578
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This bulletin explores the tension between North Carolina's Open Meetings Act and the desire for confidentiality in mediation hearings addressing public disputes. It analyzes the rules and policies of the open meetings law and compares it to North Carolina's current laws concerning confidentiality in mediation. It uses a hypothetical case to attempt to answer some questions about private mediation between public bodies.
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Record #:
20579
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This bulletin discusses a U.S. Court of Appeals case that struck down previous cases that upheld against Commerce Clause challenges various local government arrangements that required municipal solid waste to be collected by a single hauler or disposed of in a designated facility. In Huish Detergents, Inc. v. Warren County the Court of Appeals for the Sixth Circuit decided such an arrangement imposed a flow control regime contrary to C&A Carbone, Inc. v. Town of Clarkstown. This case, along with others that preceded it, offers some useful lessons to local governments in how not to structure exclusive hauling and disposal arrangements.
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