Bill Summary – FastDemocracy

H.B. 821
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                               May 4, 2021
                                      SESSION 2021                                       HOUSE PRINCIPAL CLERK
     H                                                                                                  D
                                     HOUSE BILL DRH40485-LR-69
     Short Title:   Award Atty. Fees in Certain Land Use Cases.                                   (Public)
     Sponsors:      Representative McNeely.
     Referred to:
 1                                        A BILL TO BE ENTITLED
 2   AN ACT REQUIRING THE AWARD OF REASONABLE ATTORNEYS' FEES AND COSTS
 3       WHENEVER A PARTY PREVAILS AGAINST A COUNTY OR CITY UPON A
 4       FINDING BY THE COURT THAT THE CITY OR COUNTY ACTED IN A MANNER
 5       INCONSISTENT WITH ITS COMPREHENSIVE ZONING PLAN.
 6   The General Assembly of North Carolina enacts:
 7               SECTION 1. G.S. 6-21.7 reads as rewritten:
 8   "§ 6-21.7. Attorneys' fees; cities or counties acting outside the scope of their authority.
 9       (a)     In any action in which a city or county is a party, upon a finding by the court that the
10   city or county violated a statute or case law setting forth unambiguous limits on its authority, the
11   court shall award reasonable attorneys' fees and costs to the party who successfully challenged
12   the city's or county's action. In any action in which a city or county is a party, upon finding by
13   the court that the city or county took action inconsistent with, or in violation of, G.S. 160D-108(b)
14   or G.S. 143-755, the court shall award reasonable attorneys' fees and costs to the party who
15   successfully challenged the local government's failure to comply with any of those provisions.
16   In all Except as provided in subsection (b) of this section, in other matters, the court may award
17   reasonable attorneys' fees and costs to the prevailing private litigant. For purposes of this section,
18   subsection, "unambiguous" means that the limits of authority are not reasonably susceptible to
19   multiple constructions."
20       (b)     Notwithstanding the provisions of subsection (a) of this section, in any action in
21   which a city or county is a party, upon a finding by the court that the city or county took action
22   against a party in a manner inconsistent with the provisions of its comprehensive zoning plan,
23   the court shall award reasonable attorneys' fees and costs to the party who successfully
24   challenged the city's or county's action."
25               SECTION 2. This act is effective when it becomes law and applies to actions
26   commenced on or after that date.
                                     *DRH40485-LR-69*
Statutes affected: 
Filed: 6-21.7
Edition 1: 6-21.7
Edition 2: 6-21.7, 160D-703