Bill Summary for H 687 (2011-2012)

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

Summary date: 

May 24 2011
S.L. 2011-299

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 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.