§ 143-318.16A. Additional remedies for violations of Article.

509 words·~2 min read·/nc/chapter-143/143-318-16a

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any person may institute a suit in the superior court requesting the entry of a judgment declaring that any action of a public body was taken, considered, discussed, or deliberated in violation of this Article. Upon such a finding, the court may declare any such action null and void. Any person may seek such a declaratory judgment, and the plaintiff need not allege or prove special damage different from that suffered by the public at large. The public body whose action the suit seeks to set aside shall be made a party. The court may order other persons be made parties if they have or claim any right, title, or interest that would be directly affected by a declaratory judgment voiding the action that the suit seeks to set aside.

(b)A suit seeking declaratory relief under this section must be commenced within 45 days following the initial disclosure of the action that the suit seeks to have declared null and void; provided, however, that any suit for declaratory judgment brought pursuant to this section that seeks to set aside a bond order or bond referendum shall be commenced within the limitation periods prescribed by G.S. 159-59 and G.S. 159-62. If the challenged action is recorded in the minutes of the public body, its initial disclosure shall be deemed to have occurred on the date the minutes are first available for public inspection. If the challenged action is not recorded in the minutes of the public body, the date of its initial disclosure shall be determined by the court based on a finding as to when the plaintiff knew or should have known that the challenged action had been taken.

(c)In making the determination whether to declare the challenged action null and void, the court shall consider the following and any other relevant factors:

(1)The extent to which the violation affected the substance of the challenged action;

(2)The extent to which the violation thwarted or impaired access to meetings or proceedings that the public had a right to attend;

(3)The extent to which the violation prevented or impaired public knowledge or understanding of the people's business;

(4)Whether the violation was an isolated occurrence, or was a part of a continuing pattern of violations of this Article by the public body;

(5)The extent to which persons relied upon the validity of the challenged action, and the effect on such persons of declaring the challenged action void;

(6)Whether the violation was committed in bad faith for the purpose of evading or subverting the public policy embodied in this Article.

(d)A declaratory judgment pursuant to this section may be entered as an alternative to, or in combination with, an injunction entered pursuant to G.S. 143-318.16.

(e)The validity of any enacted law or joint resolution or passed simple resolution of either house of the General Assembly is not affected by this Article. (1985 (Reg. Sess., 1986), c. 932, s. 1; 1991, c. 694, s. 8.)