Three-Judge Panel Invalidates State's Efforts To Spay/Neuter Town's Planning And Development Regulation Powers

Today, a three judge panel of the North Carolina state court declared unconstitutional a State law that blocks a municipality -- one municipality -- from exercising its power to create an extraterritorial planning jurisdiction, or "ETJ".

Thanks to my colleague Laura DeVivo (author of the incredible Keeping Up With Jones Street blog) for pointing me to the decision.

The Law

Last summer, the North Carolina General Assembly adopted a law that states as follows:

Notwithstanding any other provision of law, the Town of Boone shall not exercise any powers of extraterritorial jurisdiction as provided in Article 19 of Chapter 160A of the General Statutes.

That's it. That's the law. Ordinarily, I'd link to a law. Or, just maybe, I'd post a portion of the law. Not here. This is the entire law.