ATTY FEES/CITY OR COUNTY ACTION OUTSIDE AUTH. (NEW).

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View NCGA Bill Details2011-2012 Session
House Bill 687 (Public) Filed Wednesday, April 6, 2011
TO PROVIDE THAT WHEN CITIES AND COUNTIES ENACT ORDINANCES OR TAKE ADMINISTRATIVE ACTIONS FOR WHICH THERE IS NO STATUTORY AUTHORITY, AND THE ORDINANCE OR ACTION IS AN ABUSE OF AUTHORITY, THE PLAINTIFF MAY RECOVER ATTORNEY FEES.
Intro. by Brawley, Moffitt, LaRoque, Brubaker.
Status: Ch. SL 2011-299 (House Action) (Jun 24 2011)

Bill History:

H 687/S.L. 2011-299

Bill Summaries:

  • Bill H 687/SL 2011-299 (2011-2012)
    Summary date: Jun 30 2011 - View Summary

    AN ACT TO PROVIDE THAT WHEN CITIES AND COUNTIES ACT OUTSIDE OF THE SCOPE OF THEIR AUTHORITY, THE PARTY SUCCESSFULLY CHALLENGING THAT ACTION MAY RECOVER REASONABLE ATTORNEYS' FEES. Summarized in Daily Bulletin 4/6/11, 5/23/11, 5/24/11, and 6/15/11. Enacted June 24, 2011. Effective October 1, 2011.

    Civil Law, Local Government
  • Bill H 687 (2011-2012)
    Summary date: Jun 15 2011 - View Summary

    Senate committee substitute makes the following changes to 3rd edition. Changes the effective date of the act to October 1, 2011 (previously effective when became law), and applies to claims for relief which are brought or defended on or after that date.

    Civil Law, Local Government
  • Bill H 687 (2011-2012)
    Summary date: May 24 2011 - View Summary

    House amendment makes the following changes to 2nd edition.
    Amends proposed GS 6-21.6, clarifying that the court may award reasonable attorneys’ fees and costs to a successful party, provided that if the court also finds that the city’s or county’s action was an abuse of discretion, then the court must award attorneys’ fees and costs.

    Civil Law, Local Government
  • Bill H 687 (2011-2012)
    Summary date: May 23 2011 - View Summary

    House committee substitute makes the following changes to 1st edition. Deletes proposed GS 1-539.17 added to GS Chapter 1, Article 43C, and instead adds new GS 6-21.6 to GS Chapter 6, Article 3. Provides that in an action (was, in any civil action) in which a city or county is a party (was, a defendant), the court may award reasonable attorney’s fees if the court finds that the city or county acted outside the scope of its legal authority (was, if the court finds that there was not statutory authority for any ordinance, resolution, or administrative action of the city or county and that the action of the city or county was an abuse of authority).
    Changes the title to AN ACT TO PROVIDE THAT WHEN CITIES AND COUNTIES ACT OUTSIDE OF THE SCOPE OF THEIR AUTHORITY, THE PARTY SUCCESSFULLY CHALLENGING THAT ACTION MAY RECOVER REASONABLE ATTORNEY’S FEES.
    Applies to claims for relief that are brought or defended on or after the date the act becomes law.

    Civil Law, Local Government
  • Bill H 687 (2011-2012)
    Summary date: Apr 6 2011 - View Summary

    Enacts new GS 1-539.17 to allow a court, in an action against a city or a county, to award attorney fees against the defendant city or county if the court finds that there was not statutory authority for any ordinance, resolution, or administrative action of the city or county and that the action of the city or county was an abuse of authority.
    Applies to causes of action arising on or after the date the act becomes law.

    Civil Law, Local Government
    GS 1
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