By Ernest C. Pearson
Since the early 1990s, when the use of incentives to stimulate economic growth began to be used more frequently in North Carolina, there has been a question as to whether state or local government incentive programs can and should be used to attract retail projects.
With one exception, at the state level, incentive programs by statute or administrative rules exclude retail projects from incentive support. In the mid 1980s, the General Assembly adopted the first job creation tax credit program. That statute did not exclude retail as a type of project that could obtain the tax credits. After a company that built a fast food restaurant claimed the tax credits, the statute was amended to exclude retail projects. Since then, all state incentive grant and tax credit programs have excluded retail projects from consideration.
Government & Public Sector Section
By Jennifer M. Jones
As winter turns to spring, it’s a good time to freshen up on the N.C. Rules of Appellate Procedure! Did you know that new rules went into effect on Jan. 1, 2017? You will want to review these new rules before drafting your next appellate brief!
Perhaps the biggest change is that your likely go-to font, Courier, no longer complies with the rules. Your brief will also need a certificate of compliance for word count. The new rules also cover how en banc review will work. Please read the ARC Memo On New Rules for additional changes. Please also note that some minor changes to Rule 7 went into effect on March 16, 2017.
Note from Jon Mize, NCBA Government & Public Sector Section blog editor: Below please find an article from John C. Cooke examining the implications of a recent North Carolina Court of Appeals case on due process and the vested interest rights applicable to public enterprise customers. The article is shared from the North Carolina Land Use Litigator information initiative (https://nclanduse.blogspot.com/ ) published by Mr. Cooke and Michael C. Thelen.
By John C. Cooke
Sometimes, I read a court’s opinion and put it aside because it is thought provoking beyond its facts and outcome. The case of United States Cold Storage, Inc. v. Town of Warsaw, __ N.C. App. ___, 784 S.E. 2d 575 (April 5, 2016) falls into this category.
United States Cold Storage is interesting from several angles, but this post explores only one – the possibility that governmental utility customers possess due process and common law vested rights to continued utility service.
The facts were simple. United States Cold Storage (USCS) owned a facility located outside the corporate limits of the Town of Warsaw (Town). Through a contract with a county government, USCS secured Town sewer service and a promise that the Town would not annex the facility for seven (7) years.
By Drew Erteschik and J.M. Durnovich
Most of us left law school with the understanding that so-called “economic liberty” challenges to state regulations will generally fail under rational basis review. That area of the law, however, has changed dramatically.
This article looks at the change in three parts:
The first part offers a brief refresher on the history of economic liberty challenges in the 20th century.
The second part describes a flurry of recent cases involving successful economic liberty challenges on substantive due process grounds.
The third part examines some possible legal and policy explanations for the modern trend.