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.
ATTY FEES/CITY OR COUNTY ACTION OUTSIDE AUTH. (NEW).
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View NCGA Bill Details(link is external) | 2011-2012 Session |
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.
Bill History:
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Tue, 5 Apr 2011 House: Filed(link is external)
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Thu, 7 Apr 2011 House: Passed 1st Reading(link is external)
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Thu, 7 Apr 2011 House: Ref To Com On Government(link is external)
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Wed, 4 May 2011 House: Withdrawn From Com(link is external)
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Wed, 4 May 2011 House: Re-ref Com On Judiciary Subcommittee A(link is external)
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Mon, 23 May 2011 House: Reptd Fav Com Substitute(link is external)
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Mon, 23 May 2011 House: Cal Pursuant Rule 36(b)(link is external)
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Mon, 23 May 2011 House: Placed On Cal For 5/24/2011(link is external)
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Tue, 24 May 2011 House: Amend Adopted 1(link is external)
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Tue, 24 May 2011 House: Passed 2nd Reading(link is external)
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Wed, 25 May 2011 House: Passed 3rd Reading(link is external)
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Wed, 25 May 2011 House: Ordered Engrossed(link is external)
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Thu, 26 May 2011 Senate: Rec From House(link is external)
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Tue, 31 May 2011 Senate: Passed 1st Reading(link is external)
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Tue, 31 May 2011 Senate: Ref To Com On Judiciary I(link is external)
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Tue, 14 Jun 2011 Senate: Withdrawn From Com(link is external)
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Wed, 15 Jun 2011 Senate: Reptd Fav Com Substitute(link is external)
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Wed, 15 Jun 2011 Senate: Com Substitute Adopted(link is external)
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Wed, 15 Jun 2011 Senate: Placed On Cal For 6/15/2011(link is external)
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Wed, 15 Jun 2011 Senate: Passed 2nd & 3rd Reading(link is external)
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Wed, 15 Jun 2011 House: Rec To Concur S Com Sub(link is external)
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Wed, 15 Jun 2011 House: Cal Pursuant Rule 36(b)(link is external)
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Wed, 15 Jun 2011 House: Placed On Cal For 6/16/2011(link is external)
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Thu, 16 Jun 2011 House: Concurred In S/Com Sub(link is external)
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Thu, 16 Jun 2011 Ratified(link is external)
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Fri, 17 Jun 2011 Pres. To Gov. 6/17/2011(link is external)
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Fri, 24 Jun 2011 Signed By Gov. 6/24/2011(link is external)
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Fri, 24 Jun 2011 Ch. SL 2011-299(link is external)
Bill Summaries:
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Summary date: Jun 30 2011 - View Summary
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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.
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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.
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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.
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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.