6-21.7. Attorneys' fees; cities or counties acting outside the scope of their authority.
In any action in which a city or county is a party, upon a finding by the court that the city or county violated a statute or case law setting forth unambiguous limits on its authority, the court shall award reasonable attorneys' fees and costs to the party who successfully challenged the city's or county's action. In any action in which a city or county is a party, upon finding by the court that the city or county took action inconsistent with, or in violation of, G.S. 160D-108(b) or G.S. 143-755, the court shall award reasonable attorneys' fees and costs to the party who successfully challenged the local government's failure to comply with any of those provisions. In all other matters, the court may award reasonable attorneys' fees and costs to the prevailing private litigant. For purposes of this section, "unambiguous" means that the limits of authority are not reasonably susceptible to multiple constructions. (2011-299, s. 1; 2019-111, s. 1.11; 2020-25, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 6 - Liability for Court Costs
Article 3 - Civil Actions and Proceedings.
§ 6-18 - When costs allowed as of course to plaintiff.
§ 6-19 - When costs allowed as of course to defendant.
§ 6-19.1 - Attorney's fees to parties appealing or defending against agency decision.
§ 6-20 - Costs allowed or not, in discretion of court.
§ 6-21 - Costs allowed either party or apportioned in discretion of court.
§ 6-21.1 - Allowance of counsel fees as part of costs in certain cases.
§ 6-21.2 - Attorneys' fees in notes, etc., in addition to interest.
§ 6-21.3 - Remedies for returned check.
§ 6-21.4 - Allowance of counsel fees and costs in certain cases involving principals or teachers.
§ 6-21.5 - Attorney's fees in nonjusticiable cases.
§ 6-21.6 - Reciprocal attorneys' fees provisions in business contracts.
§ 6-21.7 - Attorneys' fees; cities or counties acting outside the scope of their authority.
§ 6-22 - Petitioner to pay costs in certain cases.
§ 6-23 - Defendant unreasonably defending after notice of no personal claim to pay costs.
§ 6-24 - Suits by an indigent; payment of costs by an indigent.
§ 6-25 - Party seeking recovery on usurious contracts; no costs.
§ 6-26 - Costs in special proceedings.
§ 6-28 - Costs of laying off homestead and exemption.
§ 6-29 - Costs of reassessment of homestead.
§ 6-30 - Costs against infant plaintiff; guardian responsible.