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What Can I Do When the Government Oversteps Its Authority?

7/15/2021

1 Comment

 
​When local and county authorities extend their clutches beyond legal limits, they act ultra vires—a Latin phrase that translates to “beyond the powers.” Government actions that the court finds to be ultra vires can be voided, and upon such a ruling a person may be entitled to compensation for the harm they suffered as a result. 
 
Types of government overreach, as defined by the courts, include the government (1) collecting fees without the legal ability to do so, (2) charging you for a service it is unable to provide, (3) collecting taxes inconsistent with the state constitution and laws, and (4) inspecting your property without statutory justification. These examples are not all-inclusive, but it is worth considering them individually to gain a sense of what conduct is counted as “overreach.”
 
For example, the Town of Cary was forced to repay local-education fees that it collected from a developer as a condition of zoning approval, because those fees were not permitted by North Carolina statutes. The Court of Appeals even called the fees an “illegal custom and practice” (Amward Homes v. Town of Cary). In New Hanover County, the water authority was rebuked for collecting fees for services that they were unable to provide and that were not desired by the end user.  Wake County was barred from collecting taxes to finance abortions that they claimed were essential medical services, but the NC Supreme Court found that an abortion is not one of the “basic necessities of life” and voided the local tax effort (Stam v. State).
 
For more information on government overreach and what to do when it affects you, contact Parton Law.

Declan M. Hurley

 

1 Comment
Mia Evans link
11/19/2021 06:07:42 pm

Thanks for helping me understand that government overreach would usually be collecting fees that are not legal, charging for services not provided, collecting taxes inconsistently, and inspecting the property without justification. With that in mind, I hope that the people running for the position would be doing everything to stop that, and also those in position should already do their best to hinder these issues. If these are being handled by the people in the higher areas, people would most likely be secure and safe from any injustice around the country.

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  • Home
  • Practice Areas
    • Litigation >
      • Administrative Agency Contests
      • Animal Law
      • Attorney-Client Privilege
      • Business & Contractual Disputes >
        • Avoiding Litigation
        • Strategic Use of Statutory Liens
      • Construction Litigation
      • Corporate Shareholder Rights Litigation
      • Defamation, Libel & Slander
      • Owners’ Association Disputes
    • Volunteer Services & Pro-Bono Work
    • Referrals
  • Testimonials
  • Contact
    • English
  • Legal Team
    • Corey V. Parton
    • Walton H. Walker III
    • Traci Fleury
    • S. Sunny Britt
    • Brittany McEachern
  • RESULTS
  • In The News
  • Law Blogs
  • Client Resources
    • Helpful Links for Clients
    • Military & First Responder Appreciation Program
    • Make a Payment
    • Privacy Policy