GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                   2

HOUSE BILL 687

Committee Substitute Favorable 5/23/11

Short Title:        Atty Fees/City or County Action Outside Auth.	(Public)
Sponsors:
Referred to:

April 7, 2011

A BILL TO BE ENTITLED

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.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 3 of Chapter 6 of the General Statutes is amended by adding a new section to read:

"§ 6-21.6.  Attorney fees; cities or counties acting outside the scope of their authority.

In any action in which a city or county is a party, upon a finding by the court that the city or county acted outside the scope of its legal authority, the court may award reasonable attorneys' fees and costs to the party who successfully challenged the city's or county's action."

SECTION 2.  This act applies to claims for relief which are brought or defended on or after the date this act becomes law.