Bill Summary for H 687 (2011-2012)

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Summary date: 

May 23 2011

Bill Information:

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.

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Bill 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.