Legal Handbook for Council Members 2022

"It is the policy of the General Assembly that the cities of this State should have adequate authority to execute the powers, duties, privileges, and immunities conferred upon themby law. To this end, the provisions of thisChapter and of city charters shall be broadly construed and grants of power shall be construed to include any additional and supplementary powers that are reasonably necessary or expedient to carry them into execution and effect: Provided, that the exercise of such additional or supplementarypowers shall not be contrary toState or federal lawor to the public policy of this State". In BellSouth Telecommunications, Inc. v. City of Laurinburg, 168 N.C.App. 75, 606 S.E.2d 721 (2005), the Court reconciledDillon's RulewithNCGS 160A-4, stating:

"The narrow Dillon's Rule of statutory construction used when interpreting municipal powers has been replaced by N.C. Gen. Stat. § 160A-4's mandate that the language of Chapter 160Abe construed in favor of extendingpowers toamunicipalitywhere there is an ambiguity in the authorizing language, or the powers, or the powers clearly authorized reasonably necessitate 'additional and supplementary powers' to carry them into execution andeffect.However,where the plainmeaningof the statute iswithout ambiguity, it 'must be enforced aswritten".

It appears, for the time being, that the longstanding proposition of Dillon'sRule shall not be the only determinative factor used by courts in determining the powers of municipalities. This could open the door for cities to lay claim to additional powers, whichmay be implied by Statute. CDW/jgs