Posts Tagged ‘police power’

King v. Town of Chapel Hill: The Supreme Court Issues a Major Decision on the Police Power of Local Governments (Part 2)

Tuesday, July 22nd, 2014

In my last blog post I listed and discussed seven points that local governments should take away from King v. Town of Chapel Hill, perhaps the North Carolina Supreme Court’s most significant decision yet on the general police power of local governments. Part 1 of my analysis focused primarily on the portions of King that uphold the […]

Preempted? Let Me Count The Ways.

Monday, September 30th, 2013

One of the basic principles of local government law in North Carolina is that cities and counties have only those powers delegated to them by the General Assembly.  Another is that any action taken by a local government must be consistent with state and federal law.  Within broad constitutional parameters, the legislature may expand or contract […]

Postcards from Home Rule States

Wednesday, October 14th, 2009

When it comes to local government authority in North Carolina, it’s a lot easier to say what we’re not than what we are. North Carolina is not a home rule state. We’re variously described as a “Dillon’s Rule” or “broad construction” state, but what we know is that we don’t have the broad delegation of […]