(a) When a procedure that purports to prescribe all acts necessary for the performance or execution of any power, duty, function, privilege, or immunity is provided by both a general law and a city charter, the two procedures may be used as alternatives, and a city may elect to follow either one.
(b) When a procedure for the performance or execution of any power, duty, function, privilege, or immunity is provided by both a general law and a city charter, but the charter procedure does not purport to contain all acts necessary to carry the power, duty, function, privilege, or immunity into execution, the charter procedure shall be supplemented by the general law procedure; but in case of conflict or inconsistency between the two procedures, the charter procedure shall control.
(c) When a power, duty, function, privilege, or immunity is conferred on cities by a general law, and a charter enacted earlier than the general law omits or expressly denies or limits the same power, duty, function, privilege or immunity, the general laws shall supersede the charter. (1971, c. 698, s. 1.)
Notes of Decisions
Brown v. City of Winston-Salem, 614 S.E.2d 599 (N.C. Ct. App. 2005).
· cites it 16× “N.C. Gen.Stat. § 160A-3 (2003). In the instant case, the Winston-Salem City Charter requires action by the Forsyth County Board of Elections, which also derives authority from, and is subject to limitations by, authorities other than the Charter.”
Disher v. Weaver, 308 F. Supp. 2d 614 (M.D.N.C. 2004).
“§ 160A-3(c) (providing that any power or function conferred on a city by “general law” will supercede any contradictory provision appearing in an earlier-enacted charter); id.”
City of Durham v. Herndon, 300 S.E.2d 460 (N.C. Ct. App. 1983).
“G.S. 160A-3(b) provides When a procedure for the performance or execution of any power, duty, function, privilege, or immunity is provided by both a general law and a city charter, but the charter procedure does not purport to contain all acts necessary to carry the power, duty,…”
Moores v. Greensboro Minimum Hous. Standards Comm'n, 679 S.E.2d 480 (N.C. Ct. App. 2009).
· cites it 4× “Likewise, section 160A-3 states: (a) When a procedure that purports to prescribe all acts necessary for the performance or execution of any power, duty, function, privilege, or immunity is provided by both a general law and a city charter, the two procedures may be used as…”
The Umstead Coal. v. RDU Airport Auth., No. 20-129 (N.C. Ct. App. Dec. 15, 2020).
· cites it 2× “§ 160A-2 (2019); see also N.C. Gen. Stat. § 160A-3 (2019) (titled “General laws supplementary to charters”).”
N.C. Gen. Stat. § 160A-3(a): 1 case
Moores v. Greensboro Minimum Hous. Standards Comm'n, 679 S.E.2d 480 (N.C. Ct. App. 2009).
“Likewise, section 160A-3 states: (a) When a procedure that purports to prescribe all acts necessary for the performance or execution of any power, duty, function, privilege, or immunity is provided by both a general law and a city charter, the two procedures may be used as…”
N.C. Gen. Stat. § 160A-3(b): 2 cases
Brown v. City of Winston-Salem, 614 S.E.2d 599 (N.C. Ct. App. 2005).
“N.C. Gen.Stat. § 160A-3 (2003). In the instant case, the Winston-Salem City Charter requires action by the Forsyth County Board of Elections, which also derives authority from, and is subject to limitations by, authorities other than the Charter.”
City of Durham v. Herndon, 300 S.E.2d 460 (N.C. Ct. App. 1983).
“G.S. 160A-3(b) provides When a procedure for the performance or execution of any power, duty, function, privilege, or immunity is provided by both a general law and a city charter, but the charter procedure does not purport to contain all acts necessary to carry the power, duty,…”
N.C. Gen. Stat. § 160A-3(c): 2 cases
Brown v. City of Winston-Salem, 614 S.E.2d 599 (N.C. Ct. App. 2005).
“N.C. Gen.Stat. § 160A-3 (2003). In the instant case, the Winston-Salem City Charter requires action by the Forsyth County Board of Elections, which also derives authority from, and is subject to limitations by, authorities other than the Charter.”
Disher v. Weaver, 308 F. Supp. 2d 614 (M.D.N.C. 2004).
“§ 160A-3(c) (providing that any power or function conferred on a city by “general law” will supercede any contradictory provision appearing in an earlier-enacted charter); id.”
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