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 them by law. To this end, the provisions of this Chapter 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 supplementary powers shall not be contrary to State or federal law or to the public policy of this State. (1971, c. 698, s. 1.)
§ 160A-4.1: Repealed by Session Laws 2019-111, s. 2.6(b), as amended by Session Laws 2020-3, s. 4.33(a), and Session Laws 2020-25, s. 51(a), (b), (d), effective June 19, 2020.
§ 160A-5. Statutory references deemed amended to conform to Chapter.
Whenever a reference is made in another portion of the General Statutes or any local act, or any city ordinance, resolution, or order, to a portion of Chapter 160 of the General Statutes that is repealed or superseded by this Chapter, the reference shall be deemed amended to refer to that portion of this Chapter which most nearly corresponds to the repealed or superseded portion of Chapter 160. (1971, c. 698, s. 1; 1973, c. 426, s. 2.)
Article 1A.
Municipal Board of Control.
§§ 160A-6 through 160A-10. Repealed by Session Laws 1981 (Regular Session, 1982), c. 1191, s. 63.
Article 2.
General Corporate Powers.
Notes of Decisions
Homebuilders Ass'n of Charlotte, Inc. v. City of Charlotte, 442 S.E.2d 45 (N.C. 1994).
· cites it 39× “To this end, the provisions of this Chapter and of city charters shall be broadly construed and grants of power shall be construed *50 to include any additional and supplementary powers that are reasonably necessary or expedient to carry them into execution and effect; Provided,…”
Lanvale Props., LLC v. Cnty. of Cabarrus, 731 S.E.2d 800 (N.C. 2012).
· cites it 20× “In 1973 the General Assembly enacted section 153-4 (now codified as section 153A-4) of the North Carolina General Statutes two years after it adopted section 160A-4, a similar provision relating to municipal governments.”
Quality Built Homes Inc. v. Town of Carthage, 789 S.E.2d 454 (N.C. 2016).
· cites it 11× “Applying “broad construction” interpretation principles under N.C.G.S. § 160A-4, the Court of Appeals concluded that Carthage acted within its delegated municipal authority to impose and collect the impact fees under the Public Enterprise Statutes, Quality Built Homes, 2015 WL…”
Maready v. City of Winston-Salem, 467 S.E.2d 615 (N.C. 1996).
· cites it 18× “N.C.G.S. § 160A-4 provides: 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 them by law.”
Smith Chapel Baptist Church v. City of Durham, 517 S.E.2d 874 (N.C. 1999).
· cites it 13× “To this end, the provisions of this Chapter 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,…”
Amward Homes, Inc. v. Town of Cary, 698 S.E.2d 404 (N.C. Ct. App. 2010).
· cites it 10× “In the complaint, plaintiffs sought: (1) an accounting; (2) a declaration that the fees under the APSFO were beyond the Town's statutory authority under N.C. Gen.Stat. § 160A-4 (2009); (3) a declaration that the APSFO violated plaintiffs' rights to equal protection and…”
Durham Land Owners Ass'n v. Cnty. of Durham, 630 S.E.2d 200 (N.C. Ct. App. 2006).
· cites it 8× “Though not without nuances and distinguishing factors, we find Homebuilders, Bowers, and Smith Chapel to be consistent statements of the law and in accord with N.C. Gen. Stat. § 160A-4. The narrow Dillon’s Rule of statutory construction used when interpreting municipal powers…”
Patmore v. Town Of Chapel Hill, 757 S.E.2d 302 (N.C. Ct. App. 2014).
· cites it 8× “§ 160A-301 is a more “specific” statute that renders the provisions of N.C. Gen. Stat. § 160A-4 inapplicable. Defendant cites N.”
Grace Baptist Church v. City of Oxford, 358 S.E.2d 372 (N.C. 1987).
· cites it 6× “Under the authority granted by the General Assembly, a city may, by ordinance, define, prohibit, regulate, or abate acts, omissions, or conditions, detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the city, and may define and abate…”
Quality Built Homes Inc. v. Town of Carthage, 776 S.E.2d 897 (N.C. Ct. App. 2015).
· cites it 8× “To this end, the provisions of this Chapter 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,…”
N.C. Gen. Stat. § 160A-4(2003): 1 case
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