How HB 913 changes current law

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes provisions for awarding damages and attorneys' fees to individuals in cases against local governments for unfair or deceptive development actions.

• § 160D-1425

  § 160D-1425. Damages, attorneys' fees, and costs. (a) The court may allow the person with standing to recover reasonable attorneys' fees attributed to an action brought pursuant to this Article. (b) The court shall allow the person with standing to recover reasonable attorneys' fees attributed to the action in any action brought pursuant to this Article in which any of the following occurs: (1) The person with standing successfully shows the local government intentionally acted in violation of this Chapter. (2) The person with standing successfully shows the local government intentionally delayed action on a development approval to cause the person to seek action under this Article. (3) The person with standing successfully shows the local government acted in a flagrantly unfair or deceptive manner with respect to the development approval with intent to cause the person with standing to initiate an action under this Article. (c) Upon a finding by the court that subdivision (3) of subsection (b) of this section applies, the court shall award punitive damages in addition to any reasonable attorneys' fees attributed to the action in an amount as determined by the court, up to 10 times the damages. For purposes of this subsection, damages shall mean loss of revenue, increases in costs due to the delays caused by the local government's actions, and any other damages proven by the prevailing party. (d) The court shall not award attorneys' fees against the local government under this section if the court finds that the local government acted in reasonable reliance on any of the following: (1) A judgment or an order of a court applicable to a local government in the same or similar circumstances. (2) The published opinion of an appellate court, an order of the North Carolina Business Court, or a final order of the Trial Division of the General Court of Justice. (3) A written opinion, decision, or letter of the Attorney General.

  This new section introduces a framework for recovering attorneys' fees and damages for individuals affected by local government actions deemed unfair or deceptive.